Riley v. State

Alabama Court of Appeals

Riley v. State

172 So. 680, 27 Ala. App. 376, 1937 Ala. App. LEXIS 22

CourtAlabama Court of Appeals

DecidedFebruary 16, 1937

Docket8 Div. 402.

StatusPublished

Cited by2 cases

This text of 172 So. 680 (Riley 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

Riley v. State, 172 So. 680, 27 Ala. App. 376, 1937 Ala. App. LEXIS 22 (Ala. Ct. App. 1937).

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Opinion

SAMFORD, Judge.

At the time of the arrest and at the time and place where and when the liquor was found, the State was allowed to prove over objections and exceptions that defendant made two voluntary statements: (1) “Anybody can find it, if they were told where it was at,” and (2) “Fellows have good, days and bad days.” Aside from a consideration of whether these were inculpatory statements, they were a part of the res gestae and for that reason were admissible. Moreover, under the facts and circumstances surrounding the finding of the liquor in this case, these statements tended to prove that this defendant had a guilty scienter of the liquor and its hiding place.

The evidence was sufficient to sustain the verdict and the judgment is affirmed.

Affirmed.

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SAMFORD, Judge.

At the time of the arrest and at the time and place where and when the liquor was found, the State was allowed to prove over objections and exceptions that defendant made two voluntary statements: (1) “Anybody can find it, if they were told where it was at,” and (2) “Fellows have good, days and bad days.” Aside from a consideration of whether these were inculpatory statements, they were a part of the res gestae and for that reason were admissible. Moreover, under the facts and circumstances surrounding the finding of the liquor in this case, these statements tended to prove that this defendant had a guilty scienter of the liquor and its hiding place.

The evidence was sufficient to sustain the verdict and the judgment is affirmed.

Affirmed.

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Bluebook (online)

172 So. 680, 27 Ala. App. 376, 1937 Ala. App. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-v-state-alactapp-1937.

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