Berney v. State

Supreme Court of Alabama

Berney v. State

69 Ala. 220

CourtSupreme Court of Alabama

DecidedDecember 15, 1881

StatusPublished

Cited by2 cases

This text of 69 Ala. 220 (Berney v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berney v. State, 69 Ala. 220 (Ala. 1881).

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Opinion

BBIOKELL, C. J.

-The offer of the accused, on being informed of the-threats of violence Ohilton had made, to borrow five dollars to purchase a pistol, was made several days before he was detected carrying a pistol concealed." If the fact of the offer was admissible as evidence, it would be admissible for no-other purpose than to connect the act of carrying the pistol with the communicated threat — to show that the act was caused by the threat. The connection between an act prima facie criminal, and a fact or circumstance which may excuse it, can not be shown by the declarations of the party accused made prior to, and in contemplation of the act. S.neh declarations areseif-seiwing, are capable of concoction as part of a scheme of crime, and are not admissible as evidence for the party making them. — Wliart. Grim. Ev. § 268.

Let the judgment be affirmed.

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BBIOKELL, C. J.

-The offer of the accused, on being informed of the-threats of violence Ohilton had made, to borrow five dollars to purchase a pistol, was made several days before he was detected carrying a pistol concealed." If the fact of the offer was admissible as evidence, it would be admissible for no-other purpose than to connect the act of carrying the pistol with the communicated threat — to show that the act was caused by the threat. The connection between an act prima facie criminal, and a fact or circumstance which may excuse it, can not be shown by the declarations of the party accused made prior to, and in contemplation of the act. S.neh declarations areseif-seiwing, are capable of concoction as part of a scheme of crime, and are not admissible as evidence for the party making them. — Wliart. Grim. Ev. § 268.

Let the judgment be affirmed.

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Bluebook (online)

69 Ala. 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berney-v-state-ala-1881.

Opinion

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