Legal Opinion

Tapscott v. State

Alabama Court of Appeals

Decided February 15, 1921No. 8 Div. 776PublishedCited by 9 opinions

Appeal from Morgan County Court; W. T. Lowe, Judge. John Tapscott was convicted of violating the prohibition law, and he appeals. The court erred in not permitting the questions addressed to the witness Waugh. 108 Ala. 233, 19 South. 309; 133 Ala. 203, 32 South. 268. 3 Ehc. of Evidence, 768-772. Counsel discuss other assignments of error, but without further citation of authority.'

1Opinion of the CourtBricken, P. J.

[1] On cross-examination of the defendant, and over his objection and exception, he was required to testify that on a former occasion he had been convicted of the offense of violating the prohibition law. This was error, as expressly held in the following cases, under authority of which the judgment of conviction must be reversed and the cause remanded: Schroeder v. State, 84 South. 309; Frank Lyles v. State, 88 South. 375; Willingham v. State, 10 Ala. App. 161, 64 South. 544; Abrams v. State, 84 South. 862; Pippin v. State, 197 Ala. 613, 73 South. 340; Fuller v. State, 147 Ala. 37, 41 South.…

2Cases cited14 opinions

  1. Pippin v. StateSupreme Court of Alabama · 1916
  2. Johnson v. StateSupreme Court of Alabama · 1916
  3. Abrams v. StateAlabama Court of Appeals · 1920
  4. Lyles v. StateAlabama Court of Appeals · 1921
  5. Fuller v. StateSupreme Court of Alabama · 1906

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3Cited by9 opinions

  1. Waters v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Sorrell v. ScheuerSupreme Court of Alabama · 1923
  3. Cabel v. StateAlabama Court of Appeals · 1922
  4. Bertalsen v. StateAlabama Court of Appeals · 1925
  5. Beverly v. StateAlabama Court of Appeals · 1937

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

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