Opinion

Fennell v. State

  • 17 Ala. App. 121
  • 82 So. 569
  • 1919 Ala. App. LEXIS 140
Court
Alabama Court of Appeals
Filed
Jul 21, 1919
Status
Published
Author
Brown
On the bench
Brown
Cited by
0 cases
Authority
More cited than 43.7%

The opinion

BROWN, P. J.

[1]

The state’s witness

Shaneyfelt testified:

“I lost a bracelet watch in February, 1917, which was taken out of the dwelling house of A. C. Lockhart, in Decatur, Morgan county, Ala., between 8 and 9 o’clock in the morning. I lived in the house with Mr. Lockhart, and it was taken out of my room. The watch was taken from a jewelry box on the dresser. The defendant and a boy by the name of Dunnaway were in my room that morning, and remained there some 25 or 30 minutes. A little more than an hour after they left I missed my watch. I afterwards got the watch back from policeman Bass. * * * I had a room at Mr. Lock-hart’s, 411 West Market street. * * * I rented the room from Mrs. Irene Lockhart. * * * He and his wife both lived there together. * * * I had rented a room from Mrs. Lockhart about a year. While I occupied one room, Mr. and Mrs. Lockhart occupied the balance of the house.”

This evidence tends to sustain the averments of the indictment that the watch was

*122

taken “from the dwelling house of A. C. Lockhart,” and the defendant’s motion to exclude the evidence, on the ground that there was a variance between the averments and proof, was properly overruled, and the affirmative charge requested by the defendant was properly refused. Jackson v. State, 102 Ala. 167 , 15 South. 344 .

[2]

It was not permissible for the defendant to show that the witness Slianeyfelt was a woman of lewd habits, or that the place where she lived was “of low character and a notorious place,” or that no other families-except negroes lived near the witness. Terry v. State, 15 Ala. App. 665 , 74 South. 757 ; Coates v. State, 5 Ala. App. 182 , 59 South. 323 ; McCutchen v. Loggins, 109 Ala. 457 , 19 South. 810 ; McQueen v. State, 108 Ala. 54 , 18 South. 843 ; Way v. State, 155 Ala. 52 , 46 South. 273 ; Story v. State, 178 Ala. 98 , 59 South. 480 .

We-find no error in the record.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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