Public-domain · open source
OpenJurist

99 Ala. 196

Prior v. State

Supreme Court of Alabama

Decided November 15, 1892

Supreme Court of Alabama · decided 1892-11-15

Prom the Criminal Court of Pike. Tried before the Hon. Wm. H. Parks. In this case, the defendant was indicted for carrying a pistol concealed about his person.

Good law ✅— No negative treatment on recordhow we know

Decided 1892-11-15

How this case has been cited

Cited by 6 later decisions — most recently August 2018

6 state decisions

201892190019101920193019401950196019701980199020002010decided

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 →

HEAD, J.

¶1Defendant, being on trial for the offense of carrying concealed weapons, testified as a witness in his own behalf. The State introduced in evidence the record of his prior conviction, and sentence thereon, of the offense of petit larceny, for the purpose solely of affecting his credibility as a witness. It was so expressly limited by the court. There was a general objection by the defendant to its introduction, which was overruled, a,nd defendant excepted. The ruling of the court was proper, under the influence of section 276(5 of the Code of 1886.

¶2The charge requested by the defendant is bad for several reasons. It invades the province of the jury. It was for the jury to determine the weight and value of the impeaching testimony, and whether impeachment of the witness Dickinson was made out or not; and if made out, it was for them to say whether it was sufficient to generate a reasonable doubt of the defendant’s guilt or not. The charge is also abstract, in that it states a casó in which the testimony of the witness supposed to be impeached is not supported by any other evidence. In this case, there was evidence in support of Dickinson, ■

¶3There is no error in the record, and the judgment is affirmed.

/99/ala/196 · .json · Public domain