Welsh v. State
Alabama Court of Appeals
Appeal from Mobile City Court. Heard before Hon. O. J. Seaqies. Matthew Welsh was convicted of manslaughter in the first degree and he appeals.
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Appeal from Mobile City Court. Heard before Hon. O. J. Seaqies. Matthew Welsh was convicted of manslaughter in the first degree and he appeals. The court erred in admitting the statement of the wife detailed by the witness. — Liles v. State, 30 Ala. 21; 6 Enc' of Evi. 896; 83 Cal. 138. The defendant should have been permitted to show that after the difficulty deceased said that he was all at fault. — Oliver v. The State, 17 Ala. 587; Young v. State, 119 Ala. 16. The .statement of the witness as to what the wife said to her husband was admissible as shedding light on his conduct, and as…
1Opinion of the CourtPelham, J.
The state was permitted to prove, against the defendant’s objection, by its witness Jauey *6Sherman, that, a few minutes before the fatal difficulty in which the defendant hilled the deceased, the witness saw the defendant’s wife come out of the defendant’s yard with'him into the road where the deceased was, with whom the defendant had had a difficulty a short time before, and that the defendant’s wife was begging him to go back into the yard. ■ There was no error in overruling defendant’s objection to this evidence or the question eliciting it. It was shown to have occurred at a point of time…
2Cases cited5 opinions
- Lundsford v. StateAlabama Court of Appeals · 1911
- Livingston v. StateAlabama Court of Appeals · 1912
- Simon v. StateSupreme Court of Alabama · 1913
- Maxwell v. StateSupreme Court of Alabama · 1900
- Powell v. StateAlabama Court of Appeals · 1912