Public-domain · open source
OpenJurist

256 Ala. 389

Echols v. State

Supreme Court of Alabama

Decided November 8, 1951

Supreme Court of Alabama · decided 1951-11-08

Relies on Louisville N. R. Co. v. Scott

Good law ✅— No negative treatment on recordhow we know

Decided 1951-11-08

How this case has been cited

Cited by 10 later decisions — most recently February 1980

2 federal appellate · 8 state decisions

601951196019701980decided

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 →

LIVINGSTON, Chief Justice.

¶1We cannot agree with the opinion of the Court of Appeals in its holding that no reversible error intervened in the cross-examination of defendant’s character witness Lester Whitten.

¶2It is needless, of course, to repeat here the examination of the witness as revealed *390by the opinion of the Court of Appeals. That court recognized that character cannot be proven by specific act, but based its opinion on the fact that only a general objection was interposed to the question, and that no error results in overruling such objection unless the evidence sought is illegal for any purpose and cannot be made legal by other evidence, or by otherwise framing the question. Citing Louisville & N. R. Co. v. Scott, 232 Ala. 284, 167 So. 572.

¶3We have no quarrel with the principles enunciated, but we cannot agree that they were properly applied in the instant case.

¶4Undoubtedly, to permit a witness to testify that he had seen defendant drunk or drinking, tended to prove character (his drinking proclivities) by specific acts. To permit a witness to testify that he had heard that the defendant drank tends to prove the general reputation of defendant for drinking. Character can only be proven by reputation. To change an inquiry as to what a witness had seen, to a question as to what a witness had heard, is not to- re-frame the inquiry, but is to ask an entirely different question. And we can think of no way by which the question actually asked could have been made legal by other evidence.

¶5As we have indicated the evidence is illegal for any purpose, and cannot be made legal, and general grounds assigned in support of the objection to it was sufficient and should have been sustained.

¶6The judgment of the Court of Appeals is reversed and the cause is remanded to that court for further consideration.

¶7Reversed and remanded.

All the Justices concur, except BROWN, J., who dissents.
BROWN, J.,

¶8is of the opinion that the Court of Appeals has applied the doctrine of error without injury, and,, as a consequence the judgment of the Court of Appeals should be affirmed. He, therefore, dissents.

/256/ala/389 · .json · Public domain