Byrd v. State
Alabama Court of Appeals
Appeal from Circuit Court, Monroe County ; Ben D. Turner, Judge. John Byrd was convicted of an assault and battery upon the person of Dr. Roberts. He appeals. The objections to evidence sufficiently appear from the opinion of the court.
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Appeal from Circuit Court, Monroe County ; Ben D. Turner, Judge. John Byrd was convicted of an assault and battery upon the person of Dr. Roberts. He appeals. The objections to evidence sufficiently appear from the opinion of the court. The following charges were accused to the defendant: (3) If the jury believe from the evidence that the witness John Godwin has willfully or corruptly sworn falsely to any material facts in evidence, then the jury may, in its discretion, disregard such evidence of such witness entirely. (17) Under the facts in this case the defendant was not required, under…
1Opinion of the CourtBricken, P. J.
[1] The first insistence of error on this appeal iss well taken, necessitating a reversal of the judgment of conviction in the lower court. On cross-examination of state witness Wherry Owen, the defendant undertook to show that the witness and Dr. Boberts, the injured party, were very friendly, the question asked witness was “if he and Dr. Boberts were lifelong friends.” The court sustained the objection of the solicitor to this question and in so doing committed error to a reversal. The fact that the witness and the injured party were friendly, or “lifelong friends” was material and…
2Cases cited8 opinions
- Cleveland v. StateSupreme Court of Alabama · 1888
- Johnson v. StateSupreme Court of Alabama · 1916
- Bullington v. StateAlabama Court of Appeals · 1915
- Terry v. StateAlabama Court of Appeals · 1915
- Haralson v. StateSupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Nichols v. StateSupreme Court of Alabama · 1964
- Ballard v. BallardSupreme Court of North Carolina · 1949
- Craven v. StateAlabama Court of Appeals · 1927
- Sowell v. StateAlabama Court of Appeals · 1941
- State v. ElijahSupreme Court of Minnesota · 1940
25 more not listed; retrieve them via the Exa API.