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215 Ala. 472

110 So 812

Boyette v. State

Supreme Court of Alabama

Decided December 16, 1926

Supreme Court of Alabama · decided 1926-12-16

Key passage — most relied on by later courts

““The trial court should not have permitted the introduction of the clothing of the deceased, as it shed no light whatever upon any material inquiry in the case, and was but the presentation of an unsightly spectacle calculated to prejudice the jury [italics ours].” Boyette v. State, 215 Ala. 472 , 110 So. 812 , and authorities therein cited.”

quoted by 1 later decision, including 22 Ala. App. 33 - Sikes v. State

“The defendant did not put his general character in issue, and the state had no right to do so except so far as it may have affected his credibility as a witness, and the trial court erred in not limiting the character evidence to this purpose over the repeated objections and requests of the defendant.”

quoted by 1 later decision, including 521 So. 2d 1360 - King v. State

Relies on Rollings v. State · Louisville & Nashville Railroad v. Pearson · White v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1926-12-16

How this case has been cited

Cited by 74 later decisions — most recently December 1987 · most notably 31 Ala. App. 77 - Kabase v. State (1943), Barbour v. State (1954)

74 state decisions

2301926193019401950196019701980decided

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 →

ANDERSON, C. J.

¶1 As a rule, when a defendant’s general character is put in issue, the evidence should be confined to the time of and anterior to the alleged commission of the offense to which he was being tried. White v. State, 111 Ala. 92, 21 So. 33. When, however, character evidence is offered to discredit a witness who has testified, it can include all time anterior to the time said witness testifies. The defendant did not put his general character in issue, and the state had no right to do so except so far as it may have affected his credibility as a witness, and the trial court erred in not limiting the character evidence to this purpose over the repeated objections and requests of the defendant. Nor was this evidence limited by the oral charge of the court to this purpose, if such could suffice, which we need not decide. On the other hand, most of the answers of the witness went to the general bad character of the defendant and not whether or not he was worthy of belief.

¶2 The trial court should not have permitted the introduction of the clothing of the deceased, as it shed no light whatever upon any material inquiry in the case, and *473 was blit the presentation of an unsightly spectacle calculated to prejudice the jury. There was no dispute as to the location of the wounds or the character of same on or about the head, and the bloody clothing of the deceased shed no light upon any controverted fact. The clothes worn by the deceased should never be offered in evidence unless they “have some tendency to shed light upon some material inquiry.” Louisville & N. R. Co. v. Pearson, 97 Ala. 219, 12 So. 176; A. G. S. R. R. v. Bell, 200 Ala. 562, 76 So. 920; Rollings v. State, 160 Ala. 82, 49 So. 329; Crenshaw v. State, 207 Ala. 438, 93 So. 465.

¶3 The trial court committed no reversible error as to any of the other rulings.

¶4 For the errors above indicated, the judgment of the circuit court is reversed, and the cause is remanded.

¶5 Reversed and remanded.

SOMERVILLE, THOMAS, and BOULD-IN, JJ., concur.
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