Little v. State
Alabama Court of Appeals
Appeal from Circuit Court, D-eKalb County; AY. AV. Ilarralson, Judge. Clyde Little was convicted of assault with intent to murder, and he appeals. The court erred in admitting the testimony of the assaulted party as to injury, etc. 17 Ala. App. 394, 85 South. 830. Counsel discuss other assignments, but without further citation of authority.
1Opinion of the CourtSamford, J.
[1,2] Upon the trial the injured party, when being examined as a witness, was ijermitted, over the objection and exception of defendant, to testify that he regained consciousness from the blow the next day at the hospital; that he had not recovered from the wound at the time of the trial; that it still affected him by hurting, and’ his eyes “bothered him’’; that he could not see as well as before he was struck. The condition of the assaulted party as a result of the assault was one method of showing the nature and extent of the assault and the injury incident therefrom, and these things were…
2Cases cited4 opinions
- Brown v. StateSupreme Court of Alabama · 1904
- Meredith v. StateSupreme Court of Alabama · 1877
- Phillips v. StateSupreme Court of Alabama · 1909
- Phillips v. StateSupreme Court of Alabama · 1910
3Cited by7 opinions
- Smith v. StateSupreme Court of Alabama · 1946
- Sanders v. StateAlabama Court of Appeals · 1923
- Atchison v. StateCourt of Criminal Appeals of Alabama · 1976
- Jones v. StateAlabama Court of Appeals · 1924
- Miller v. StateCourt of Criminal Appeals of Alabama · 1980
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