Holmes v. State
Supreme Court of Alabama
From the City Court o£ Montgomery. Tried before tbe Hon. Thos. M. Arrington. Tbe defendant' in tbis ease, George Holmes, a freedman, was indicted for tbe murder of Tbomas Bobinson,.by shooting bim witb a pistol; was convicted of murder in tbe first degree, and sentenced to tbe penitentiary for life. Tbe billing occurred on Christmas morning, 1888, in tbe city of Montgomery, in tbe street in front of tbe bar-room of tbe deceased.
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From the City Court o£ Montgomery. Tried before tbe Hon. Thos. M. Arrington. Tbe defendant' in tbis ease, George Holmes, a freedman, was indicted for tbe murder of Tbomas Bobinson,.by shooting bim witb a pistol; was convicted of murder in tbe first degree, and sentenced to tbe penitentiary for life. Tbe billing occurred on Christmas morning, 1888, in tbe city of Montgomery, in tbe street in front of tbe bar-room of tbe deceased. He bad prepared a bowl of egg-nog “ as a treat to bis customers.” Tbe defendant and one King Woods, another freedman, were in tbe crowd, and, after drinking, began to…
1Opinion of the CourtMcCLELLAN, J.
1. It was clearly competent to ask the witness Earley, on cross-examination, if he had not heard that the defendant “wore stripes” while working on the streets of Montgomery; the witness having testified, on his examination in chief, that he had never heard anything against the defendant. To say of one that he “ wore stripes,” the appellation commonly applied to the garb of a convict, necessarily implies a conviction of some infraction of the law, and is therefore derogatory to the person so referred to. In this instance, the testimony tended directly to contradict and weaken the negative…
2Cases cited10 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Jordan v. StateSupreme Court of Alabama · 1886
- Mose v. StateSupreme Court of Alabama · 1860
- Dave v. StateSupreme Court of Alabama · 1853
- Fields v. StateSupreme Court of Alabama · 1875
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3Cited by21 opinions
- People v. BeltranCalifornia Supreme Court · 2013
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- People v. HubbardCalifornia Court of Appeal · 1923
- Williams v. StateSupreme Court of Alabama · 1906
- Smith v. StateSupreme Court of Alabama · 1893
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