Whitaker v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speaice . The appellant, John B. Whitaker, was indicted, and tried for the killing of “Bat” Whitaker, and was convicted of manslaughter in the first degree and sentenced to imprisonment in the penitentary for two years. At the time of the killing, there were a number of people at a certain- church in Madison county, for the purpose of attending a singing school.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speaice . The appellant, John B. Whitaker, was indicted, and tried for the killing of “Bat” Whitaker, and was convicted of manslaughter in the first degree and sentenced to imprisonment in the penitentary for two years. At the time of the killing, there were a number of people at a certain- church in Madison county, for the purpose of attending a singing school. The deceased and his brother, Jack Whitaker, -were playing marbles with some girls, while the defendant, John S. Ikard and some others were engaged in “a play” of…
1Opinion of the Court
BRICKELL, O. J.
— In the course of trials by jury, a grave duty resting on the court not infrequently attended with much difficulty, is to guard against the introduction of irrelevant evidence. Such evidence is but seldom harmless ; if admitted, it often necessitates widening the scope of inquiry, directing it to facts and circumstances which, if found, ought not to exert an influence in the determination of the issues; may surprise and oppress the party against whom it is introduced, who cannot be presumed to be prepared to meet other than material, relevant evidence ; prolongs trials…
2Cases cited6 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Pierson v. StateSupreme Court of Alabama · 1892
- Bain v. StateSupreme Court of Alabama · 1883
- Rhea v. StateSupreme Court of Alabama · 1893
- Smith v. StateSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Ex Parte AllenSupreme Court of Alabama · 1982
- Morris v. StateSupreme Court of Alabama · 1906
- Stokley v. StateSupreme Court of Alabama · 1950
- Pickens v. StateSupreme Court of Alabama · 1896
35 more not listed; retrieve them via the Exa API.