Legal Opinion

Owensby v. State

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 15 opinions

From the Circuit Court of Randolph. Tried before the Hon. James W. Lapsley. The indictment in this case charged that the defendant, Irvin Owensby, “unlawfully and with malice aforethought did assault Aleck Still, with intent to murder him.”

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From the Circuit Court of Randolph. Tried before the Hon. James W. Lapsley. The indictment in this case charged that the defendant, Irvin Owensby, “unlawfully and with malice aforethought did assault Aleck Still, with intent to murder him.” On the trial, as appears from the bill of exceptions, issue having been joined on the plea of not guilty, Aleck Still testified, as a witness for the prosecution, that while standing in the door of his house about dark, one evening in July, 1886, he was shot by some unknwn person, and badly wounded ; that he stepped back into the house, and laid down on a…

1Opinion of the CourtClopton, J.

— It is competent for the defendant to show by any legal evidence, that another committed the offense with which he is charged, and that he is free from participation in its commission; but it is well settled, that this can not be shown by the admissions or confessions of a third person, not under oath, such being mere hearsay. Wes v. State, 76 Ala. 98; Snow v. State, 58 Ala. 372. It is also said, that hearsay is not confined, in the legal sense, to what is said; that acts or conduct, as well as words, may be hearsay. — 1 Whar. on Ev. § 173. Plight on being accused of crime, excitement, and…

2Cases cited3 opinions

  1. Smith v. StateSupreme Court of Alabama · 1846
  2. Snow v. StateSupreme Court of Alabama · 1877
  3. West v. StateSupreme Court of Alabama · 1884

3Cited by15 opinions

  1. Carlton v. PeopleIllinois Supreme Court · 1894
  2. Prince v. StateSupreme Court of Alabama · 1893
  3. McDonald v. StateSupreme Court of Alabama · 1910
  4. Wesson v. StateSupreme Court of Alabama · 1939
  5. Brown v. StateMississippi Supreme Court · 1911

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