Livingston v. State
Alabama Court of Appeals
Murder. Appeal from Lamar Circuit Court. Heard before Hon.’ Bernard Harwood. Morris Livingston was convicted of murder in tbe second degree, and be appeals.
Read the full summary
Murder. Appeal from Lamar Circuit Court. Heard before Hon.’ Bernard Harwood. Morris Livingston was convicted of murder in tbe second degree, and be appeals. For opinion of tbe Supreme Court on several questions involved see Ex parte State, 61 South. 58. A witness cannot be impeached by contradictory statements without having his attention distinctly and clearly called to the time when, place where, and persons to whom or in whose presence the statement was made. — Goodwin v. The State, 1 Ala. App. 136; Powell v. The State, 19 Ala. 577; Floyd v. The State, 82 Ala. 16; Sanders v. The State, 105…
1Opinion of the CourtWalker, P. J.
The defendant was indicted for murder in the first degree, ivas convicted of murder in the second degree, and appeals. The evidence showed that the killing occurred in the rear part of a drug store in the town of Vernon. That for the state tended to show that when the defendant came into the store the deceased and another person were sitting in the front part of the store, the two having just been served drinks at the soda water fountain, the deceased having in his. right hand the glass containing part of the drink.which *46bad been served to bim; that on tbe defendant’s saying something to the…
2Cases cited7 opinions
- Nelson v. IversonSupreme Court of Alabama · 1853
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1896
- Floyd v. StateSupreme Court of Alabama · 1886
- Powell v. StateSupreme Court of Alabama · 1851
- Lundsford v. StateAlabama Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Leverett v. StateCourt of Criminal Appeals of Alabama · 1984
- Sharifi v. StateCourt of Criminal Appeals of Alabama · 2008
- Brown v. StateAlabama Court of Appeals · 1946
- Gibson v. StateCourt of Criminal Appeals of Alabama · 1989
13 more not listed; retrieve them via the Exa API.