Wills v. State
Wills v. State
Opinion of the Court
The defendant was convicted under each of three counts of an indictment, the first charging burglary and the other two counts charging grand larceny, the counts charging grand larceny differing in their material allegations only as to the description of the property alleged to have been taken and carried away, and the designation in one of the counts of the larceny to have consisted of taking the articles alleged to have been stolen from the storehouse of one W. T. Ransom, while in the other grand larceny count it is alleged that the goods and* money stolen were the personal property of Ransom and were taken and carried away from “a storehouse.” The defendant was sentenced to five years’ imprisonment in the penitentiary, and prosecutes this appeal from the judgment of conviction.
The defendant was indicted and tried alone, and there was no evidence affording an inference of conspiracy, or of aiding and abetting that could be drawn, other than from the testimony of the state’s witness Edgar Grantland. The state, over the duly interposed objections and exceptions of the defendant to the adverse rulings of the court, introduced in evidence on the trial the testimony of the witness Grantland as to two conversations he had had at different times and places with a person named Silas Blevins; each conversation occurring after the alleged burglary and larceny, and neither of them had in the presence or hearing of the defendant. In substance and effect, the witness Grantland testified that, in these conversations with the man Blevins, he confessed that he (Blevins) and the defendant had broken into the store in question and carried away the property alleged to have been stolen. To the questions eliciting this testimony the defendant lodged timely objections, on the ground, among others, that the testimony called for the confession of a coconspirator made after the commission of the crime, and not made in the presence of the other alleged conspirator (the defendant on trial).
At the conclusion of the evidence, and when the arguments were to begin, the court made the following-announcement:
*456 “Whereupon, and before the argument of counsel began, the court announced that in view of the proceedings in the case it had changed its mind about allowing the testimony before the jury regarding any statement the witness Blevins made out of the presence of the defendant, and the court then and there instructed the jury that it could not consider any alleged statement made by Blevins connecting this defendant with the alleged crime.”
The bill of exceptions also contains the following recital in connection with this matter:
“Later on, and during the argument of the state’s counsel, a reference was stated regarding the witness Blevins, who , was sworn but not examined. The court immediately stopped the reference and stated to the solicitor that anything this witness Jls alleged to have said could not be considered by the jury and that the jury should not consider it. The solicitor remarked that he had not understood the court to exclude it, and the court again said it was not evidence.”
The law is anciently settled and familiar that, in the absence of proof of conspiracy, or of aiding and abetting, declarations, admissions, and confessions made by one of the participants in a crime in the absence of another participant, after the commission of the crime, are not admissible in evidence against such other participant, or coconspirator, when on trial alone, for the purpose of showing the corpus delicti, or the guilty participation of the defendant on trial in the crime charged against him.
The instruction of the court to the jury, or remarks made to the solicitor, are not, in our opinion, sufficiently clear and specific to point out and render harmless the naturally prejudicial effect of the admission of the illegal evidence. The defendant was entitled to have this evidence, under the conditions shown by the record in this case, excluded with a careful regard to an easy understanding by the jury of the particular evidence excluded. The following authorities will be found to sustain what we have said and the conclusion we have reached in this matter: Hicks v. State, 11 Ala. App. 290, and list of cases cited on page 293, 66 South. 873; Watson v. Adams, 187 Ala. 490, 65 South. 528. See, also, list of cases collated in Ala. Iron & Fuel Co. v. Benante, 11 Ala. App. 644, 66 South. 942.
The rulings on the evidence seem to be free of reversible error, and the charges given and refused show no error; and, as the case must be reversed and the questions presented by these rulings may not arise on another trial, we deem further discussion of the case uncesessary.
Reversed and remanded.
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