Legal Opinion

Thomas v. State

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 19 opinions

Appeal from tlie City Court of Talladega. Tried before the Hon (t. K. Miller. Tbe appellant Avas indicted, and tried for the murder of John Leonard, Avas convicted of murder in the first degree and sentenced to the penitentiary for life.

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Appeal from tlie City Court of Talladega. Tried before the Hon (t. K. Miller. Tbe appellant Avas indicted, and tried for the murder of John Leonard, Avas convicted of murder in the first degree and sentenced to the penitentiary for life. On tbe trial of tbe case, tbe evidence for tbe State tended to show that tbe defendant and deceased Avere riding together in a buggy, and that upon approaching some other men in tbe road they stopped; that tbe deceased Avas drunk and Avas proceeding to give the men Avhom they met, a drink; that tbe defendant told him to keep quiet, whereupon tbe deceased bit…

1Opinion of the Court

DOWDELL, J. —

The ruling of the trial court on a motion for a new trial in a criminal cause is not reviewable on appeal. — Durrett v. State, 133 Ala. 119; Hampton v. State, lb. 180; Bondurant v. State, 125 Ala. 31; Burrage v. State, 313 Ala. 108.

There was no error in overruling the defendant’s objection to the question asked the witness Sanders Turner. The objection was general, and it appears that the objection was not made until after the question had been answered. Moreover, the testimony given in response to the question was clearly relevant, tending to show a consciousness of guilt on the…

2Cases cited6 opinions

  1. Washington v. StateSupreme Court of Alabama · 1894
  2. Ragland v. StateSupreme Court of Alabama · 1899
  3. Ragsdale v. StateSupreme Court of Alabama · 1901
  4. Linehan v. StateSupreme Court of Alabama · 1896
  5. Bondurant v. StateSupreme Court of Alabama · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Turner v. StateSupreme Court of Alabama · 1939
  2. Perry v. StateSupreme Court of Alabama · 1979
  3. Alston v. StateSupreme Court of Alabama · 1946
  4. Denson v. StateCourt of Criminal Appeals of Alabama · 1973
  5. Huguley v. StateAlabama Court of Appeals · 1912

14 more not listed; retrieve them via the Exa API.

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