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153 Ala. 38

Graham v. State

Supreme Court of Alabama

Decided January 23, 1908

Supreme Court of Alabama · decided 1908-01-23

Heard before Hon. W. H. Thomas. Mark Graham was convicted of robbery, and appeals. The defendant was indicted for robbing one Edmund Milligan of $2. J. A. Bailey was permitted to testify for the state that he lived near old man Edmund, and that he went to the place where Edmund was said to have been robbed.

Relies on Holley v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1908-01-23

How this case has been cited

Cited by 7 later decisions — most recently September 1961

6 state decisions

401908191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SIMPSON, J.

¶1— The appellant was convicted of the crime of robbery. There was no error in overruling the *41objection to tbe question put by tbe state to tbe witness Bailey, “What was tbe condition of tbe ground?” and to tbe answer thereto. In addition to tbe fact that no grounds of objection were stated, tbe witness bad testified that be went to tbe place where Milligan was said to have been robbed; and, if tbe defendant doubted bis knowledge of tbe place, be bad tbe opportunity to test bis knowledge by cross-examination. Tbe witness testified that be went there tbe morning after tbe supposed robbery.

¶2Tbe defendant bad examined witnesses as to contradictory statements made by tbe witness Milligan, for the purpose of impeaching him. This opened tbe door for tbe state to sustain said witness by proof as to bis general character. Holley v. State, 105 Ala. 100, 17 South. 102.

¶3Tbe court also properly overruled tbe objection to that part of tbe oral charge in relation to an alibi. It was fully explained to tbe jury that they alone Avere to consider and decide tbe question as to tbe alibi; and we do not discover in tbe charge any intimation by tbe court as to its opinion on that subject.

¶4Tbe judgment of tbe court is affirmed.

Tyson, C. J., and Haralson and Denson, JJ., concur.
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