Crain v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Brewer. George Crain was convicted of murder, and be appeals. Tbe jury law referred to can be found in Acts 1907, p. 238, and tbe record shows that tbe jury was drawn under said act, and not under tbe previous act relative to ■the drawing of tbe juries.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Brewer. George Crain was convicted of murder, and be appeals. Tbe jury law referred to can be found in Acts 1907, p. 238, and tbe record shows that tbe jury was drawn under said act, and not under tbe previous act relative to ■the drawing of tbe juries. Tbe following charges were refused to tbe defendant : “(1) The court charges tbe jury that tbe law presumes tbe defendant, to be innocent of tbe commission of any crime, and this presumption continues to grow in bis favor step by step until you are satisfied beyond all reasonable…
1Opinion of the CourtDowdell, C. J.
While it is true that much latitude is permissible upon the cross-examination of a witness touching his sincerity, memory, etc., even to the asking of questions irrelevant to the issues in the case, yet it is a matter that must of necessity rest largely in the wise discretion of the trial court.
In the present case there was no dispute that the defendant shot and killed the deceased on the mentioned date, and consequently it was immaterial at what hour of the day it was done. The witness Merriwether testified on his direct examination that he looked at the clock just before the shooting, and…
2Cases cited2 opinions
- Walker v. City Council of MontgomerySupreme Court of Alabama · 1903
- Tyler v. StateSupreme Court of Alabama · 1909
3Cited by27 opinions
- State v. LordNew Mexico Supreme Court · 1938
- Hicks v. StateSupreme Court of Alabama · 1946
- Glaros v. StateCourt of Appeals of Maryland · 1960
- Brown v. StateAlabama Court of Appeals · 1946
- Johnson v. StateSupreme Court of Alabama · 1945
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