Opinion

Smith v. State

  • 197 Ala. 193
  • 72 So. 316
  • 1916 Ala. LEXIS 8
Court
Supreme Court of Alabama
Filed
Jun 1, 1916
Status
Published
Author
Mayfield
On the bench
Anderson, Gardner, Mayfield, McClellan, Sayre, Somerville, Thomas
Cited by
73 cases

"All such impeaching and sustaining character evidence must be carefully limited by the trial court to the question of the credibility of the defendant as a witness."

How later courts described this case

  • "All such impeaching and sustaining character evidence must be carefully limited by the trial court to the question of the credibility of the defendant as a witness."

Written by the judges who cited it.

The opinion

MAYFIELD, J.

I concur, but wish to guard my concurrence against holding that the defendant’s general bad character after the offense can ever be inquired into for any purpose. His character for truth and veracity may be shown, up to the time of the trial; but the evidence must be limited to that sole purpose, and this cannot be done by showing his general bad character, after the offense, though the general bad character, as a rule, tends to impeach, or go to the credibility of a witness.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.