Baalam v. State
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Tried before the Hon. Nath. Cook. 1. It is an established and inflexible rule of evidence that the testimony offered 'must tend to support the issue, otherwise it will be rejected. — Rasco & Brandy v. Willis, 5 Ala. 38; 1 Stark.
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Error to the Circuit Court of Dallas. Tried before the Hon. Nath. Cook. 1. It is an established and inflexible rule of evidence that the testimony offered 'must tend to support the issue, otherwise it will be rejected. — Rasco & Brandy v. Willis, 5 Ala. 38; 1 Stark. Ev. 949. 2. The fact that the prisoner and the deceased twelve months previous to the date of the alleged homicide were living together as husband and wife, and that they then quarreled and separated, does not tend even remotely to establish the issue before the jury. The objectionable character of this evidence is rendered more…
1Opinion of the CourtDaiigan, C. J.
The plaintiff iu error was tried and convicted of the murder of Ellen, a slave. During the progress of the trial a bill of exceptions was taken which shows there was no direct proof implicating the accused in the commission of the crime, but various circumstances were proved tending to show that he was the guilty agent. It appeared that the deceased and the accused had been seen together on the day the homicide was committed, going apparently in the direction of the church, and he had been seen afterwards to return alone. It was, however, shown that he did not intend going all the way to the…
2Cited by15 opinions
- Harris v. StateCourt of Criminal Appeals of Alabama · 1992
- Spicer v. StateSupreme Court of Alabama · 1914
- Jones v. StateAlabama Court of Appeals · 1915
- Faire v. StateSupreme Court of Alabama · 1877
- McClendon v. StateSupreme Court of Alabama · 1942
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