Alabama Court of Appeals, 1920

Hart v. State

Hart v. State
Alabama Court of Appeals · Decided February 10, 1920 · Samford
84 So. 856; 17 Ala. App. 349; 1920 Ala. App. LEXIS 42 (Southern Reporter)

Counsel

McDowell McDowell, of Eufaula, for appellant. The evidence did not justify a conviction. 7 Ala. App. 144 , 62 So. 270 ; 167 Ala. 85 , 52 So. 417 , 28 L.R.A. (N.S.) 536; 16 Ala. App. 78 , 75 So. 626 . J.Q. Smith, Atty. Gen., for the State. No brief reached the Reporter.

Hart v. State

Opinion of the Court

SAMFORD, J.

[1] The evidence for tho state ivas sufficient to make the question of a felonious taking one for the jury, and hence the general charge, as requested by defendant, was properly refused.

[2] There is no principle of law better settled than that a defendant cannot by his declarations, make evidence for himself, and hence it was not competent for defendant to prove what defendant told McKensie, his employer, some time in February, regarding the-hog alleged to have been stolen.

[3] The questions propounded to defendant, while he was testifying as a witness, to which objections -were made by the state and sustained by the court, called for hearsay testimony, and the rulings were proper.

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

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.