Burke v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Tried before Hon. ThoMAs M. ARRING-toN. At the.February term, 1883, of said court, John E. Burke, the defendant in the court below, was indicted for an assault on A. R. McCurdy with the intent to murder him; and at a subsequent day of the same term he was tried and convicted of an assault and battery.
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Appeal from Montgomery City Court. Tried before Hon. ThoMAs M. ARRING-toN. At the.February term, 1883, of said court, John E. Burke, the defendant in the court below, was indicted for an assault on A. R. McCurdy with the intent to murder him; and at a subsequent day of the same term he was tried and convicted of an assault and battery. As shown by the bill of exceptions, “ on the trial the State introduced evidence tending to show that on 14th December, 1882, the defendant assaulted, by shooting with a gun, A. R. McCurdy, whilst the latter was in the act of taking a drink at the Ruby Saloon…
1Opinion of the CourtStone, J.
The letters offered in evidence, if proved to have been written by the witness on whom the assault was made, should have been received in evidence, solely for the purpose of shedding light on the credibility of the witness. Before going before the jury, however, there must have been proof made, tending to show their genuineness. They were admissible only to prove the hostile feelings of the witness towards the accused; for juries, in passing on controverted facts, have a right to know the relations of friendship or hostility which the witness bears to the parties. It is a proper *382subject to be…
2Cases cited2 opinions
- Roberts v. StateSupreme Court of Alabama · 1880
- McHugh v. StateSupreme Court of Alabama · 1858
3Cited by28 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- Lewis v. StateSupreme Court of Alabama · 1892
- McGuff v. StateSupreme Court of Alabama · 1946
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Ragsdale v. StateSupreme Court of Alabama · 1901
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