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167 Ala. 107

Tilley v. State

Supreme Court of Alabama

Decided June 16, 1910

Supreme Court of Alabama · decided 1910-06-16

Heard before Hon. Thomas W. Coleman, Jr. George Tilley was convicted of violating tbe prohibition law and he appeals. Counsel discuss the issues raised by the assignments of error but cite no authority in support of their contentions. The court did not err in permitting the state to prove the good character of the witness since an attempt had been made to impeach him. — Bell v. The State, 124 Ala. 94; Solly v. The State, 105'Ala. 100.

Relies on Lewis v. State · Hadjo v. Gooden · Holley v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1910-06-16

How this case has been cited

Cited by 7 later decisions (1 by the Supreme Court) — most recently June 1998

6 state decisions

30191019201930194019501960197019801990decided

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.

View the full empirical analysis of this case →

SIMPSON, J.

¶1The appellant was convicted of the offense of selling spirituous, vinous, or malt liquors contrary to law. The principle witness against the defendant was one Bnttram, who testified to the sale by the defendant of the whisky. He testified that he got Jason Couch to change a $5 bill, on Couch’s porch in order to get the change to pay defendant for the whisky, *108and that he paid defendant on said Couch’s porch. He also testified that he did not say to Clem Kimball that defendant had done him a dirty trick and he was going to get even with him. The defense tried to break the force of his testimony, by proving by other witnesses that said Buttram did not get the $5 bill changed, that he did not talk with the defendant on said porch, and that said witness had said to Clem Kimball that the defendant had done him a dirty trick, and he was going to get even with him, which statement the witness denied making. The proof of the contradictory statements laid the predicate.

¶2This was an evident attempt to impeach the witness, and show that his testimony was not entitled to credit, and there was no error in allowing the state to introduce testimony as to the good character of said witness. Bell v. State, 124 Ala. 94, 27 South. 414; Hadjo v. Gooden, 13 Ala. 718; Holley v. State, 105 Ala. 100, 17 South. 102; Lewis v. State, 35 Ala. 380; 1 Greenl. on Evi. (5th Ed.) § 469; Towns v. State, 111 Ala. 1, 20 South. 598.

¶3There being no error apparent in the record, the judgment of the court.is affirmed.

¶4Affirmed.

Dowdell, C. J., and McClellan and Mayfield, JJ., concur.
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