Hosey v. State
Alabama Court of Appeals
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Will Hosey was convicted of murder in the second degree, and he appeals. William Black, a witness for the state, while being cross-examined was asked by the defendant, “Did you hear the doctor say where he ivas hit?” Objection ivas sustained to the question, and defendant excepted.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Will Hosey was convicted of murder in the second degree, and he appeals. William Black, a witness for the state, while being cross-examined was asked by the defendant, “Did you hear the doctor say where he ivas hit?” Objection ivas sustained to the question, and defendant excepted. During the cross-examination of the same witness, he stated that he did not know how long the defendant lay there on the ground before they took him home, and the defendant then propounded the following question: “About how long?” Objection was…
1Opinion of the Court
WALKER, P. J. —
Before the killing which was the subject of the charge made against the appellant, his relation to the deceased had been that of a tenant or share cropper. There had been some disagreement between the two men. The killing occurred in the course *7of a difficulty between them growing out of rival claims to the possession of a mule. The defendant was shot on that occasion; but, under the evidence in the case, it Avas a controverted question whether he Avas shot by the deceased in the course of the difficulty betAveen them, or by a son of the deceased after his father had received…
2Cases cited9 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Lodge v. StateSupreme Court of Alabama · 1898
- Parker v. StateSupreme Court of Alabama · 1909
- Spraggins v. StateSupreme Court of Alabama · 1903
- Hudson v. StateSupreme Court of Alabama · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Watts v. StateAlabama Court of Appeals · 1913
- Eaton v. StateAlabama Court of Appeals · 1913
- Brooks v. StateAlabama Court of Appeals · 1913
- Johnson v. StateAlabama Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.