Opinion
7 Div. 737.
April 7, 1931.
Appeal from De Kalb County Court; E. M. Baker, Judge.
Walker Coker was convicted of unlawfully possessing prohibited liquor, and he appeals.
Reversed and remanded.
C. A. Wolfes, of Ft. Payne, for appellant.
Evidence that the defendant had entered a plea of guilty of possessing whisky in the mayor's court, and that the whisky in this case was the basis of the prosecution in the mayor's court, was highly prejudicial, and objection thereto should have been sustained. Mitchell v. State, 22 Ala. App. 300, 115 So. 149.
Thos. E. Knight, Jr., Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen., for the State.
The plea of guilty in the mayor's court, growing out of the identical fact of this case, was a judicial confession, and was admissible. The authority cited by appellant is inapt. Courtney v. State, 23 Ala. App. 38, 120 So. 301; Loman v. State, 19 Ala. App. 611, 99 So. 769; Ex parte Loman, 211 Ala. 700, 99 So. 923; Dawson v. State, 21 Ala. App. 346, 108 So. 261.
Appellant was convicted of the offense of violating the prohibition laws by having whisky in his possession.
While the case was being tried, over his timely objection, the state was allowed to offer testimony tending to show that he had "pleaded guilty" to the charge of possessing whisky, etc., in another forum, at a prior time. This testimony was inadmissible, upon the trial of the question of his guilt vel non, and, for the error in overruling appellant's objections to same, the judgment of conviction is reversed, and the cause remanded. Mitchell v. State, 22 Ala. App. 300, 115 So. 149, and authorities therein cited.
Reversed and remanded.