Legal Opinion

Addison v. State

Supreme Court of Alabama

Decided June 15, 1872PublishedCited by 6 opinions

Appeal from the Circuit Court of Russell. Tried before Hon. Littleberry Strange. The appellant, Jake Addison, was indicted for the murder of Wesley Joseph, found guilty of murder in the second degree, and sentenced to the penitentiary for ten years. The^ prisoner and deceased resided on the same plantation in Russell county, the cabin in which the prisoner and his wife lived being not far from the house in which deceased lived.

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Appeal from the Circuit Court of Russell. Tried before Hon. Littleberry Strange. The appellant, Jake Addison, was indicted for the murder of Wesley Joseph, found guilty of murder in the second degree, and sentenced to the penitentiary for ten years. The^ prisoner and deceased resided on the same plantation in Russell county, the cabin in which the prisoner and his wife lived being not far from the house in which deceased lived. A public road ran in front of both cabins, and not far from them. Several witnesses were introduced by the State, who testified that, being aroused by the firing and…

1Opinion of the CourtPeck, C. J.

1. The court below rightfully refused to permit the defendant to call out from the State’s witness, J. T. Smith, on cross-examination by defendant, all that was said by the witness and defendant at the time of the conversation about which the witness testified.

If said conversation had been called out by the State, the defendant would have been entitled to all that was said at the same time on the same subject; but as the witness had spoken of said conversation on defendant’s cross-examination, he could not, thereby, make all that was said evidence in his own behalf. The rule is, if the State…

2Cases cited2 opinions

  1. Donnell v. JonesSupreme Court of Alabama · 1848
  2. Walker v. . DunspaughNew York Court of Appeals · 1859

3Cited by6 opinions

  1. Noel v. StateSupreme Court of Alabama · 1909
  2. Moore v. StateSupreme Court of Alabama · 1880
  3. State v. GaulWashington Supreme Court · 1915
  4. Osborn v. StateSupreme Court of Alabama · 1899
  5. Vinson v. StateAlabama Court of Appeals · 1914

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