Davis v. State

Citations

• 17 Ala. 415

Syllabus

<p>1. If goods, the separate property -of the wife, be stolen from the possession of the husband, it is sufficient to describe them in the indictment as the goods of the husband.</p> <p>2. The magistrate before whom one charged with a criminal offence is brought for examination, being required by the statute to reduce the testimony to writing, the legal presumption is that he has done his duty, and parol proof of what a deceased witness swore on such examination is inadmissible, until this presumption is rebutted, or the absence of the written evidence otherwise accounted for. '</p> <p>3. Where evidence is prima facie inadmissible, it is not necessary that the party objecting to it should specify the ground on which his objection is founded; a general objection is sufficient.</p> <p>4. Where a bill of exceptions states enough to put the court clearly in error, the court, if consistent with the facts, should insert what is necessary to set itself right, and if it fails to do so, no presumption can he indulged in support of its judgment.</p>