Fuqua v. State
Alabama Court of Appeals
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Alm'on. Hatera,s Fuqua appeals from a conviction of murder in the second degree.
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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Alm'on. Hatera,s Fuqua appeals from a conviction of murder in the second degree. The court cannot be put iu error for sustaining objection to a question which had already been asked and answered.— Evans v. The State, 109 Ala. 11; W. U. T. Go-. v. Merrill, 144 Ala. 618. The witness was shown to be out of the state, and hence, the substance of her testimony could be detailed by one who heard it. — Burton v. The State, 115 Ala. 1. Having objected to the stenographer’s notes the defendant cannot now be heard to complain that they were…
1Opinion of the Court
de GRAFFENRIED, J.
The defendant was indicted for murder in the first degree, and was convicted of *49murder in the second degree and sentenced to the penitentiary.
It appears from the bill of exceptions that one Bhoda Shoulders, at a previous trial of the case, had testified as a witness for the state. This witness was not present during the trial at which the defendant was convicted, and during the progress of the trial the solicitor asked one Owens, while on the stand, if he knew where said Blhoda was. The witness replied “that he did not know where Blhoda Shoulders was; that he heard she was…
2Cases cited3 opinions
- Burton v. StateSupreme Court of Alabama · 1896
- Evans v. StateSupreme Court of Alabama · 1895
- Western Union Telegraph Co. v. MerrillSupreme Court of Alabama · 1905
3Cited by4 opinions
- Williams v. StateCourt of Criminal Appeals of Alabama · 1979
- Butler v. StateAlabama Court of Appeals · 1917
- Moore v. StateAlabama Court of Appeals · 1918
- Levert v. StateSupreme Court of Alabama · 1932