McGuire v. State
Alabama Court of Appeals
Appeal from Tallapoosa Circuit Court. Heard before Hou. A. H. Alston. Ernest McGuire was convicted of an assault with a weapon and he appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hou. A. H. Alston. Ernest McGuire was convicted of an assault with a weapon and he appeals. It was competent to prove the message from Hardaman to the defendant by Layno McGuire and Davis which they delivered to the defendant, and what the defendant said at that time was part of the res gestae of that competent fact and was therefore competent. — Williams vs. State, 105 Ala. 97; Campbell vs. State, 133 Ala. 81. What McGuire said when he started on the journey to Hardamam’s where the difficulty occurred, is res gestae evidence and may be…
1Opinion of the CourtPelham, J.
The defendant was tried on an indictment charging an assault with a weapon, the jury returned a verdict of guilty, and placed the fine at $100, and the court imposed an additional punishment of 30 days imprisonment in the county jail.
The exceptions reserved on the trial to the court’s ruling on the evidence are without merit. The question propounded to the witness Davis manifestly called for a hearsay, self-serving declaration of the defendant, and the court properly sustained an objection to the question, and refused to allow a statement made before the jury as to what defendant expected the…
2Cases cited14 opinions
- Mitchell v. StateSupreme Court of Alabama · 1891
- Yarbrough v. StateSupreme Court of Alabama · 1894
- Martin v. StateSupreme Court of Alabama · 1899
- Byers v. StateSupreme Court of Alabama · 1894
- Ross v. StateSupreme Court of Alabama · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wilson v. StateAlabama Court of Appeals · 1924
- Langston v. StateAlabama Court of Appeals · 1917
- Scott v. StateAlabama Court of Appeals · 1916
- Powell v. StateAlabama Court of Appeals · 1912
- Mayo v. StateAlabama Court of Appeals · 1916
4 more not listed; retrieve them via the Exa API.