Legal Opinion

Odom v. State

Supreme Court of Alabama

Decided December 21, 1911PublishedCited by 31 opinions

Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Lawrence Odom' was convicted of murder in tbe first degree and he appeals.

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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Lawrence Odom' was convicted of murder in tbe first degree and he appeals. The court erred in not permitting the witness to testify as an expert.— 54 Cal. 509; 64 Yt. 233; 35 Yt. 389; 39 L. R. A. 317; 12 Mich. 36; 127 Mass. 4421; 111 U. S. 612; Wigmore on Evict sec. 568. The court erred in excluding the evidence of the witness Humphries, that the defendant appeared to he insane.- — Milton v. Rowland, 11 Ala. 732; Bennett v. Fail, 26 Ala. 610; Wilkinson v. Mosely, 30 Ala. 562; Blackman v. Johnson, 35 Ala. 255; Stone v. Watson, 37…

1Opinion of the CourtSomerville, J.

The appellant was convicted of murder in the first degree, and sentenced to death. The evidence showed without dispute that he ivas guilty of murder in the first degree, unless he was mentally irresponsible, as pleaded by him.

In impaneling the jury for appellant’s trial in the court below, one of the veniremen stated on his voir dire-: “I have never believed in the sanity of the man (the defendant). I don’t believe the man is a sane man.” He further stated that his opinion as to the guilt or innocence of the defendant was “fixed.” The trial court properly ruled that this venireman was subject…

2Cases cited19 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Parrish v. StateSupreme Court of Alabama · 1903
  3. Ford v. StateSupreme Court of Alabama · 1882
  4. Terry v. BuffingtonSupreme Court of Georgia · 1852
  5. Braham v. StateSupreme Court of Alabama · 1904

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

3Cited by31 opinions

  1. Wilson v. StateSupreme Court of Alabama · 1942
  2. Jones v. StateSupreme Court of Alabama · 1913
  3. Hopkins v. StateCourt of Criminal Appeals of Alabama · 1983
  4. Bailey v. StateCourt of Criminal Appeals of Alabama · 1982
  5. Barbour v. StateSupreme Court of Alabama · 1954

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

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