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86 Ala. 33

Tate v. State

Supreme Court of Alabama

Decided December 15, 1888

Supreme Court of Alabama · decided 1888-12-15

From the Circuit Court of Marengo. Tried before the Hon. Wm. E. Clarke. The defendant in this case, Sallie Tate, was indicted for perjury, alleged to have been committed while testifying as a witness on the trial of one Josh. Cade under an indictment for the larceny of a hog, the property of Stephen Boggus. On the trial, as the bill of exceptions shows, the prosecution adduced evidence showing the testimony given by the defendant as a witness on the trial of Josh.

Relies on Boyce v. Holmes

Good law ✅— No negative treatment on recordhow we know

Decided 1888-12-15

How this case has been cited

Cited by 12 later decisions — most recently May 1976

1 federal appellate · 11 state decisions

301888189019001910192019301940195019601970decided

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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STONE, C. J.

¶1The Constitution, Art. 1, § 7, secures to every one on trial for a public offense the right “to be confronted by the witnesses against him.” This constitutional right would lose half its value, if the kindred right of cross-examination were denied. That right is probably and generally the most effective instrumentality for eliciting the witness’ “means of obtaining correct and certain knowledge of the facts to which he bears testimony.”—1 Greenl. Ev., § 446. It is only by virtue of it, and of .its presumed exercise, that testimony once given may be proved, after the death of the witness, in a subsequent trial between the same parties concerning the same subject-matter.—Marler v. State, 2 Ala. 55; 3 Brick. Dig. 441, §§ 523 et seq. The Circuit Court erred in denying to the accused the right to cross-examine the witness Boggus on his re-examination. It was clearly permissible to ascertain the grounds or sources of his knowledge, of that which he had testified to as a fact.

¶2There is nothing in the other objections urged.

¶3Reversed and remanded.

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