Lundy v. State
Alabama Court of Appeals
' Appeal from Circuit Court, Covihgtoh County; A. B. Foster, Judge. Charlie Lundy was convicted of murder, and he appeals. While a physician may testify as an expert, this has no application to articles of clothing, and Dr. Young’s testimony as to the shoes were but' conclusions or opinions. 7 South. 149; 97 Ala. 37, 12 South. 164, 37 Am.
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' Appeal from Circuit Court, Covihgtoh County; A. B. Foster, Judge. Charlie Lundy was convicted of murder, and he appeals. While a physician may testify as an expert, this has no application to articles of clothing, and Dr. Young’s testimony as to the shoes were but' conclusions or opinions. 7 South. 149; 97 Ala. 37, 12 South. 164, 37 Am. St. Rep. 145; 118 Ala. 79, 23 South. 777; 136 Ala. 475, 34 South. 970. This was also true with reference to the evidence as to the buckshot. Authorities supra. What 'was the customary hitching place was immaterial. 87 Ala. 65, 6 South. 378; 107 Ala. 15, 18…
1Opinion of the CourtBricken, P. J.
The appellant, together with his father and his four brothers, was jointly indicted and jointly tried for the offense of murder in the first degree. There was a verdict of not guilty in favor of all the defendants, except appellant, Charlie Lundy. He was convicted by the jury of murder in the second degree, and his punishment was fixed at 10 years’ imprisonment in the penitentiary.
On this appeal it appears that the only questions insisted upon as error are the rulings of the court upon the evidence. Two special written charges were also refused by the court, but as these charges related…
2Cases cited2 opinions
- Null v. StateAlabama Court of Appeals · 1918
- Carden v. StateSupreme Court of Alabama · 1919
3Cited by5 opinions
- Wilson v. StateAlabama Court of Appeals · 1942
- Stallings v. StateSupreme Court of Alabama · 1946
- Boyett v. StateAlabama Court of Appeals · 1921
- Bush v. StateAlabama Court of Appeals · 1923
- White v. StateAlabama Court of Appeals · 1921