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43 Ala. App. 4

Quinn v. State

Alabama Court of Appeals

Decided August 31, 1965

Alabama Court of Appeals · decided 1965-08-31

Applies 18 U.S.C. § 2312

Relies on 34 Ala. App. 23 - Flournoy v. State · Chambers v. State · 32 Ala. App. 617 - Madison v. State

Decided 1965-08-31

PRICE, Presiding Judge.

¶1Mancel Paul Quinn appeals his conviction of the offense of grand larceny, with a five year penitentiary sentence.

¶2No question was raised in the trial court as to the sufficiency of the evidence. Madison v. State, 32 Ala.App. 617, 28 So.2d 927; Waldrop v. State, 41 Ala.App. 237, 130 So.2d 355; Fuller v. State, 38 Ala.App. 493, 90 So.2d 244.

¶3The charges refused to defendant were covered by the court’s oral charge, and charges given at defendant’s request or were incorrect statements of the law involved. Flournoy v. State, 34 Ala.App. 23, 37 So.2d 218; Dyson v. State, 30 Ala.App. 121, 2 So.2d 784.

¶4Appellant insists that he should have been granted a mistrial because he was required to answer whether or not he had been convicted of a violation of the Dyer Act and given a six year sentence. (We judicially know that the term “Dyer Act” is the popular title of the National Motor Vehicle Theft Act, 18 U.S.C.A. § 2312, and is a felony.) It is true that such evidence is not admissible to establish guilt of the offense charged. But when an accused becomes a witness in the case his credibility may be impeached by showing that he has been convicted of a crime involving moral turpitude. Chambers v. State, 264 Ala. 8, 84 So.2d 342.

¶5We find no reversible error in the record. The judgment of conviction is affirmed.

¶6Affirmed.

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