Legal Opinion

McCormack v. State

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 17 opinions

Appeal from the Circuit Court, of Limestone. Tried before the Hon. H. C. Speake . The appellant in this case, George McCormack, was indicted and tried for an assault with intent to murder one H. F. Moore; was convicted of an assault with a knife, and fined twenty-five dollars.

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Appeal from the Circuit Court, of Limestone. Tried before the Hon. H. C. Speake . The appellant in this case, George McCormack, was indicted and tried for an assault with intent to murder one H. F. Moore; was convicted of an assault with a knife, and fined twenty-five dollars. The evidence for the State, as is shown by the bill of exceptions, tended to show that the defendant, a boy between IB and 14 years of age was going to school to the prosecutor, H. F. Moore; that upon being reprimanded for misbehavior in the school room by his teacher, he refused to obey, whereupon H. F. Moore, the…

1Opinion of the CourtBrickell, C. J.

1. The general rule as to the relevancy of evidence is, that circumstances and facts which do not directly tend to the proof or disproof of the *161matter in issue are not admissible. If facts or circumstances which -are incapable of affording any reasonable presumption in regard to tlie material inquiry involved in the issue were admitted, trials would be protracted indefinitely ; and that which is of more importance, the attention of the triers of the facts would be diverted from the real issues, and the verdicts rendered could as well be imputed to the evidence which did not relate, as to that…

2Cases cited10 opinions

  1. Cleveland v. StateSupreme Court of Alabama · 1888
  2. Governor v. CampbellSupreme Court of Alabama · 1850
  3. Martin v. StateSupreme Court of Alabama · 1891
  4. Wilkins v. StateSupreme Court of Alabama · 1893
  5. Meredith v. StateSupreme Court of Alabama · 1877

5 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Rollings v. StateSupreme Court of Alabama · 1909
  2. Barbour v. StateSupreme Court of Alabama · 1954
  3. Teague v. StateSupreme Court of Alabama · 1944
  4. Smith v. StateAlabama Court of Appeals · 1913
  5. Montgomery v. StateAlabama Court of Appeals · 1911

12 more not listed; retrieve them via the Exa API.

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