Pittman v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Walter Pittman was convicted of an assault and battery, and he appeals. The defendant was indicted for assault with intent, and convicted of assault and battery. The bill of exceptions shows with reference to Stallworth the following : “The defendant then offered to introduce as a witness in his own behalf B. H. Stallworth, court bailiff.
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Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Walter Pittman was convicted of an assault and battery, and he appeals. The defendant was indicted for assault with intent, and convicted of assault and battery. The bill of exceptions shows with reference to Stallworth the following : “The defendant then offered to introduce as a witness in his own behalf B. H. Stallworth, court bailiff. The solicitor objected to the witness testifying to anything except the good character of defendant, upon the ground that he had not been called and sworn as a witness for the defendant at…
1Opinion of the CourtTyson, C. J.
— If under any circumstances defendant was entitled to adduce the testimony of Stallworth, the showing made was wholly ineffectual to put the court in error in its refusal to permit him to testify, as a witness. Whether the facts desired to be proven were material was a question for the court, and not one for the determination of counsel. The facts proposed to he proven should have been stated in the showing.
There was no error in sustaining the objection to the question propounded to the defendant as a witness calling for a conversation with Collins. This question could have been answered by…
2Cases cited3 opinions
- Pitman v. StateSupreme Court of Alabama · 1906
- Dollar v. StateSupreme Court of Alabama · 1892
- Williams v. StateSupreme Court of Alabama · 1903
3Cited by12 opinions
- Morgan v. StateCourt of Criminal Appeals of Alabama · 1978
- Davis v. StateCourt of Criminal Appeals of Alabama · 1986
- Wiggins v. StateCourt of Criminal Appeals of Alabama · 2014
- Blackmon v. StateCourt of Criminal Appeals of Alabama · 1990
- Montgomery-Moore Mfg. Co. v. LeethAlabama Court of Appeals · 1911
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