Osborne v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lowncles. Tried before the Hon. J. C. Richardson. The appellant in this case, Kittie Osborne, was jointly indicted with Nelson Myrick for the murder of Neil Porter, was convicted of manslaughter in the first degree, and sentenced to imprisonment in the penitentiary for eight years. Upon being arraigned, the appellant moved for a severance. This motion was granted, and she was tried separately and apart from her co-defendant.
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Appeal from the Circuit Court of Lowncles. Tried before the Hon. J. C. Richardson. The appellant in this case, Kittie Osborne, was jointly indicted with Nelson Myrick for the murder of Neil Porter, was convicted of manslaughter in the first degree, and sentenced to imprisonment in the penitentiary for eight years. Upon being arraigned, the appellant moved for a severance. This motion was granted, and she was tried separately and apart from her co-defendant. It was shown by the evidence that the defendant killed the deceased, Neil Porter, by shooting him with a shot gun, and that at the time…
1Opinion of the CourtMoCLELLAN, C. J.
It will suffice to say in support of the court’s action in sustaining the objection to the question: “A short time prior to the killing had there not been attempts made to break into your house at night?” propounded to the defendant, that the question *87called for a conclusion of the witness. She should have been called on in the first instance to state the occurrences supposed to constitute the attempts, to break into her house, assuming without deciding that the matter was pertinent. The other questions in this connection were open to the same objection, as well as to others which will not be…
2Cited by3 opinions
- State v. MartinezNew Mexico Supreme Court · 1924
- Flynn v. CommonwealthCourt of Appeals of Kentucky · 1924
- Hubbard v. StateAlabama Court of Appeals · 1930