Andress v. State
Alabama Court of Appeals
Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Lucean Andress was convicted of an assault with a weapon, and he appeals. The witness Riley Eddins, a nephew of the man alleged to Lave been assaulted, after testifying to the particulars of the difficulty, was asked if he saw the assaulted person armed. He replied that about 20 minutes after the difficulty, and after his uncle had gone home, he passed there and saw him. Objection was sustained.
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Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Lucean Andress was convicted of an assault with a weapon, and he appeals. The witness Riley Eddins, a nephew of the man alleged to Lave been assaulted, after testifying to the particulars of the difficulty, was asked if he saw the assaulted person armed. He replied that about 20 minutes after the difficulty, and after his uncle had gone home, he passed there and saw him. Objection was sustained. The defendant further sought to elicit from this witness that defendant and his wife, shortly after the difficulty, asked him…
1Opinion of the Court
EVANS, J.(1) Appellants’ exceptions to the disallowance of his questions to witness Riley Eddins are without merit; it was immaterial whether the person assaulted armed himself after the difficulty; it was not a part of the res gestse.(2) On cross-examination state’s witness Owens testified that he was not on friendly- terms with appellant, and on redirect examination the solicitor asked the question, “Have you allowed, your ill will or unfriendliness to affect your testimony one way or the other in this case against Lucean Andress ?” to which question exception was duly reserved, and counsel…
2Cases cited4 opinions
- Kennedy v. StateSupreme Court of Alabama · 1903
- Gaston v. StateSupreme Court of Alabama · 1909
- Underwood v. StateSupreme Court of Alabama · 1912
- Dabney v. StateSupreme Court of Alabama · 1896
3Cited by3 opinions
- Coleman v. StateAlabama Court of Appeals · 1954
- Pueblo v. BernabeSupreme Court of Puerto Rico · 1936
- People v. BernabeSupreme Court of Puerto Rico · 1936