Moore v. State
Alabama Court of Appeals
Appeal from Perry'Circuit Court. Heard before Hon. B. M. Miller, General Moore, Jr., was convicted of assault and battery, and be appeals. The admission of testimony as to tbe defendant’s father was erroneous and clearly injurious, and tbe defendant should have been acquitted. In fact, the court should have given the affirmative charge. — 22 N. W. 895; Ballou v. The State, 24 S. E. 452; Hamilton v. The State, 41 N. E.-528; Wharton’s Crim.
Read the full summary
Appeal from Perry'Circuit Court. Heard before Hon. B. M. Miller, General Moore, Jr., was convicted of assault and battery, and be appeals. The admission of testimony as to tbe defendant’s father was erroneous and clearly injurious, and tbe defendant should have been acquitted. In fact, the court should have given the affirmative charge. — 22 N. W. 895; Ballou v. The State, 24 S. E. 452; Hamilton v. The State, 41 N. E.-528; Wharton’s Crim. Evi., pp. 670-673. No brief came to the Reporter.
1Opinion of the Court
WALKER, P. J
The court, over the defendant’s objection, permitted the state to prove, by the person alleged to have been assaulted, that the defendant, General Moore, Jr., is the son of General Moore, Sr.; but when the witness was then asked if he had had some trouble with the defendant’s father on the night before the assault, the court sustained the defendant’s objection to the question. The evidence as to the name of the defendant’s father may not have been relevant or material; but it is not conceived how the proof of this isolated fact could have been made the basis of any inference…
2Cases cited6 opinions
- State v. HeightSupreme Court of Iowa · 1902
- Gilmore v. StateSupreme Court of Alabama · 1892
- Young v. StateSupreme Court of Alabama · 1881
- Morris v. StateSupreme Court of Alabama · 1899
- Moss v. StateSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hicks v. StateSupreme Court of Alabama · 1946
- Cunningham v. StateAlabama Court of Appeals · 1915
- Hawkins v. StateCourt of Criminal Appeals of Alabama · 1974
- Butler v. StateAlabama Court of Appeals · 1917
- Clayton v. StateSupreme Court of Alabama · 1943
2 more not listed; retrieve them via the Exa API.