George v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T: Lackland. The defendant was indicted and tried for the murder of one Packer by cutting him with a knife. On the trial witness Dinkins was permitted to testify, over the objection of defendant, that immediately after the difficulty deceased ran to where he was, fell, and was bleeding, and said that he had been cut.
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Appeal from Monroe Circuit Court. Heard before Hon. John T: Lackland. The defendant was indicted and tried for the murder of one Packer by cutting him with a knife. On the trial witness Dinkins was permitted to testify, over the objection of defendant, that immediately after the difficulty deceased ran to where he was, fell, and was bleeding, and said that he had been cut. The witness Sylvester was permitted to testify, over the objection of the defendant, that about two weeks before the killing he met the defendant at Claiborne, and defendant told him that if they did not quit bothering him…
1Opinion of the CourtAnderson, J.
The bill of exceptions does not disclose that an objection was made to the court’s making defendant go to trial, or an exception to the action of the court. — Walker v. State, 117 Ala. 85, 23 South. 670.
The trial court committed no error of which the defendant can complain in permitting the witness to testify that deceased told him he was cut. He did not say defendant cut him; but, had he so stated, it would have been innocuous, as the undisputed evidence showed- that defendant cut the deceased.
If the threats testified to by witness Sylvester- were prima facie admissible on the direct…
2Cases cited8 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Smith v. StateSupreme Court of Alabama · 1889
- Walker v. StateSupreme Court of Alabama · 1897
- Hussey v. StateSupreme Court of Alabama · 1888
- Gilmore v. StateSupreme Court of Alabama · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cooper v. StateTennessee Supreme Court · 1909
- McCoy v. StateSupreme Court of Alabama · 1936
- Cheney v. StateSupreme Court of Alabama · 1911
- King v. StateCourt of Criminal Appeals of Alabama · 1985
- Raines v. StateCourt of Criminal Appeals of Alabama · 1984
11 more not listed; retrieve them via the Exa API.