Morris v. State

Alabama Court of Appeals

Morris v. State

123 So. 280, 23 Ala. App. 255, 1929 Ala. App. LEXIS 198

CourtAlabama Court of Appeals

DecidedJune 29, 1929

Docket8 Div. 788.

StatusPublished

Cited by2 cases

This text of 123 So. 280 (Morris v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morris v. State, 123 So. 280, 23 Ala. App. 255, 1929 Ala. App. LEXIS 198 (Ala. Ct. App. 1929).

Pincite

Opinion

RICE, J.

The court has considered this case, sitting en banc, i. e., we have read the entire evidence in that manner. We are of the opinion that the ruling of the trial court permitting the witness May to testify, over timely and proper objection, that the goods found in the possession of appellant were “stolen from the store” of witness, constituted reversible eri-or. Jones v. State, ante, p. 79, 121 So. 6.

Without this illegal testimony, there would have been nothing tending to prove the corpus delicti, in which state of the case, of course, the confession of appellant would not have been admissible in evidence.

The judgment of conviction is reversed, and the cause remanded.

Reversed and remanded.

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