Smith v. State
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Ella Smith was convicted of murder, and she appeals. Etta McCaney testified that she was the sister of the dead man, husband of defendant, and that the dead man came to her house, drunk, and lay down across the bed, and his wife sat by him and took a nickel and a knife out of his pocket.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Ella Smith was convicted of murder, and she appeals. Etta McCaney testified that she was the sister of the dead man, husband of defendant, and that the dead man came to her house, drunk, and lay down across the bed, and his wife sat by him and took a nickel and a knife out of his pocket. Witness was permitted to say that defendant told her: “When Will left me yesterday evening, he had 80 cents in his pockets.” After further testimony the witness stated that Ella Smith came to the kitchen and said she was going home, and…
1Opinion of the CourtThomas, J.
The defendant was convicted of murder in the second degree, and sentenced to the penitentiary for twenty-five years.
[1] (1) There was no error of the court in permitting'the witness, Etta McCaney, to detail certain statements made by the defendant. They were all collateral matters and in no sense confessions of guilt, hence no predicate was required to be laid for their admissibility. — Aiden v. State, 35 Ala. 399; McAdory v. State, 62 Ala. 154; Durrett v. State, Id. 434; Pentecost v. State, 107 Ala. 81; Love v. State, 124 Ala. 82; Meadows v. State, 136 Ala. 67; McGehee v. State, 171 Ala. 19;…
2Cases cited78 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Storey v. StateSupreme Court of Alabama · 1882
- McAdory v. StateSupreme Court of Alabama · 1878
- Jones v. StateSupreme Court of Alabama · 1884
- Roberts v. StateSupreme Court of Alabama · 1880
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3Cited by76 opinions
- Blue v. StateSupreme Court of Alabama · 1944
- Lambert v. StateSupreme Court of Alabama · 1922
- Stone v. StateSupreme Court of Alabama · 1922
- Higginbotham v. StateSupreme Court of Alabama · 1955
- Parker v. NewmanSupreme Court of Alabama · 1917
71 more not listed; retrieve them via the Exa API.