Tittle v. State
Alabama Court of Appeals
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Kelley Tittle was convicted of manslaughter, and he appeals. The deceased was Gean Whitley, and the difficulty in which he met his death occurred at a country schoolhouse, where an entertainment was being held for the purpose of raising funds for the improvement of the schoolhouse and grounds, and the evidence is in sharp conflict as to who started the difficulty and who was engaged in it.
Read the full summary
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Kelley Tittle was convicted of manslaughter, and he appeals. The deceased was Gean Whitley, and the difficulty in which he met his death occurred at a country schoolhouse, where an entertainment was being held for the purpose of raising funds for the improvement of the schoolhouse and grounds, and the evidence is in sharp conflict as to who started the difficulty and who was engaged in it. Most of the exceptions to the evidence sufficiently appear. While the witness Marvin Mitchell was being examined, he testified to…
1Opinion of the CourtEvans, J.
Appellant was indicted and convicted of manslaughter in the first degree. Numerous exceptions were reserved to the testimony.
(1-7) The trial court was in error in sustaining the objection to the general question asked witness H. C. Whitley, upon cross-examination, if he had not previously made a different statement about the matter under inquiry. It is elementary that a predicate be first laid, directing the mind of the witness to the time, place, and person involved in the contradictory matter inquired of, so that the witness be apprised with reasonable certainty of the occasion and matter…
2Cases cited22 opinions
- Cleveland v. StateSupreme Court of Alabama · 1888
- McGhee v. StateSupreme Court of Alabama · 1912
- Roberson v. StateSupreme Court of Alabama · 1913
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1896
- Gregory v. StateSupreme Court of Alabama · 1903
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hembree v. StateAlabama Court of Appeals · 1924
- Bynum v. StateCourt of Criminal Appeals of Alabama · 1976
- Muller v. StateAlabama Court of Appeals · 1968
- Collier v. StateCourt of Criminal Appeals of Alabama · 1973
- Brilliant Coal Co. v. SparksAlabama Court of Appeals · 1919
4 more not listed; retrieve them via the Exa API.