Williams v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; F. Loyd Tate, Judge. Grover Williams was indicted for murder in the second degree in that he ran over and killed a child while recklessly driving an auto at a rapid rate of speed on a populous thoroughfare in Birmingham. He was convicted of manslaughter, and he appealed. The facts sufficiently appear.
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Appeal from Circuit Court, Jefferson County; F. Loyd Tate, Judge. Grover Williams was indicted for murder in the second degree in that he ran over and killed a child while recklessly driving an auto at a rapid rate of speed on a populous thoroughfare in Birmingham. He was convicted of manslaughter, and he appealed. The facts sufficiently appear. A. L. Aldrich was introduced by the state as a witness, and, after having testified, he was asked by the state if he had not made a statement on August 22 in the presence of certain persons, and replied, “Yes, sir.” The state then asked, “To refresh…
1Opinion of the CourtSamford, J.
The only exceptions reserved are to the rulings of the court on the admissibility of evidence, and no brief has come to the hands of the court.
[1] It has many times been held by this court that .a witness may be asked leading questions, by the party offering him, as to statements made, different from his testimony then being given, not for the purpose of impeachment, but in order t.o refresh the recollection of the witness, and the court did not err in following this rule during' the examination of the state’s witness Aldrich.
[2, 3] The court committed error in permitting the witness Aldrich…
2Cited by7 opinions
- Jones v. StateAlabama Court of Appeals · 1948
- Gills v. StateAlabama Court of Appeals · 1950
- Clayton v. StateAlabama Court of Appeals · 1951
- MacE v. TimbermanOregon Supreme Court · 1926
- Pippin v. StateAlabama Court of Appeals · 1923
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