Burnett v. State
Burnett v. State
Opinion of the Court
“There was some testimony tending to show that this defendant was guilty of making prohibited liquors once before, possibly more than once; I don’t know about that. I limited that testimony, not for your consideration, but'for the consideration of the court. I did not intend that testimony to go to you at all, and I so ¡ruled, but the attorneys seem to have misunderstood my ruling.' And you are not to consider that testimony. That was for the court, and not for you.”
This statement was not sufficiently specific, as it refers to the alleged former guilt of the defendant, and not to the testimony as to his conviction, which fact, as before stated, was before the jury as a result of the court’s ruling. Moreover, this testimony was of such a prejudicial hurtful character it is very doubtful if the error that had been ,, occasioned by its improper admission could have been remedied; certainly not by the cursory remarks of the court, even if such remarks had referred specifically to the actual testimony itself. Oassemus v. State, 16 Ala. App. 61, 75 South. 267. As said in the Oassemus Case:
“It cannot * * * be seriously doubted but that the poison which had been injected would be difficult to eradicate.”
And as said in Lakey v. State, supra, where the identical question is discussed by Justice Sayre of the Supreme Oourt:
“The evidence thus required of the defendant was calculated very seriously to prejudice him in the eyes of the jury, and should not have been admitted.”
As the cause must be reversed for the error pointed out, it is not necessary to discuss the numerous other questions insisted upon, many of which appear to' be without merit.
Reversed and remanded.
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Reference
- Full Case Name
- Burnett v. State.
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- 19 cases
- Status
- Published