The extrajudicial statements to the counselor, social worker, and friends clearly were admissible only for impeachment purposes and not as substantive evidence. E.g., Ex parte Brown, 499 So.2d 787, 791 (Ala. 1986); Cloud v. Moon, 290 Ala. 33, 37, 273 So.2d 196, 199 (1973); Isbell v. State, 57 Ala. App. 444, 450, 329 So.2d 133, 138, cert. denied, 295 Ala. 407, 329 So.2d 140 (1976). The State does not contend otherwise.
Clearly, the defendant's mere presence in the automobile would not constitute constructive possession of the stolen items, since this defendant neither owned or operated the vehicle. Isabell v. State, 57 Ala. App. 444, 452, 329 So.2d 133, cert. denied, 295 Ala. 407, 329 So.2d 140 (1976); Crowden and Askew v. State, 55 Ala. App. 325, 331, 315 So.2d 122, cert. denied, 294 Ala. 756, 315 So.2d 128 (1975). "In the absence of a showing that he [defendant] knew the guns to be in the car, knew them to be stolen and exercised some control over them, his presence in the car, standing alone, would not be sufficient for a conviction."
"Such corroborative testimony need not be sufficiently strong in itself to support a conviction. `[I]t is sufficient if it legitimately tends to connect the accused with the offense.' Isbell v. State, 57 Ala. App. 444, 329 So.2d 133, 139, (1976, per Bookout, J.)." (Emphasis in original.)
The Court of Criminal Appeals sets forth this case's facts amply in its opinion, Harris v. Alabama, 428 So.2d 121 (Ala.Cr.App. 1981), and no need exists to repeat those facts here. It is well settled in Alabama that if a party's own witness denies having made a prior inconsistent statement, testimony from another witness that he made the statement is not admissible. Isbell v. State, 57 Ala. App. 444, 329 So.2d 133, cert. denied, 295 Ala. 407, 329 So.2d 140 (1976); Randolph v. State, 331 So.2d 766 (Ala.Cr.App.), cert. denied, 331 So.2d 771 (Ala. 1976); C. Gamble, McElroy's Alabama Evidence, § 165.01 (7)(g) (3d ed. 1977). The appellant claims that the trial court's admission of Officer Gaut's testimony regarding Frank Sullivan's prior inconsistent statement constituted reversible error.
"[I]t is sufficient if it legitimately tends to connect the accused with the offense." Isbell v. State, 57 Ala. App. 444, 329 So.2d 133, 139, (1976, per Bookout, J.). Analyzing the testimony in the case at bar we have the following corroborative evidence:
FAULKNER, Justice. Petition of the State by its Atty. Gen. for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Isbell v. State, 57 Ala. App. 444, 329 So.2d 133. WRIT DENIED.
"[I]t is sufficient if it legitimately tends to connect the accused with the offense." Isbell v. State, 57 Ala. App. 444, 329 So. 2d 133, 139 (1976, per Bookout, J.).’ Senn v. State, 344 So. 2d 192, 193 (Ala. 1977). ‘The corroboration which is sufficient to support the accomplices' testimony must be of some fact tending to prove the guilt of the defendant.’
In this case, the appellant was not the sole occupant of the vehicle and there was no evidence that the appellant exercised any degree of power or dominion over the automobile. Compare Isbell v. State, 57 Ala.App. 444, 329 So.2d 133, cert. denied, 295 Ala. 407, 329 So.2d 140 (1976). In Isbell, the accused was a passenger in a car that belonged to a third party and that contained recently stolen guns.
In this case, the appellant was not the sole occupant of the vehicle and there was no evidence that the appellant exercised any degree of power or dominion over the automobile. Compare Isbell v. State, 57 Ala. App. 444, 329 So.2d 133, cert. denied, 295 Ala. 407, 329 So.2d 140 (1976). In Isbell, the accused was a passenger in a car that belonged to a third party and that contained recently stolen guns.
In this case, the appellant was not the sole occupant of the vehicle and there was no evidence that the appellant exercised any degree of power or dominion over the automobile. Compare Isbell v. State, 57 Ala. App. 444, 329 So.2d 133, cert. denied, 295 Ala. 407, 329 So.2d 140 (1976). In Isbell, the accused was a passenger in a car that belonged to a third party and that contained recently stolen guns.