Legal Opinion

Harrison v. State

Alabama Court of Appeals

Decided April 6, 1915PublishedCited by 4 opinions

Violating Prohibition Law. Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Frank Harrison, Jr., was convicted of violating the prohibition laws, and he appeals.

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Violating Prohibition Law. Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Frank Harrison, Jr., was convicted of violating the prohibition laws, and he appeals. The defendant was entitled to cross-examine the witnesses as to the enmity of Peters, their employer, towards the defendant, and as to his activity in pushing the prosecution. — Nelson v. The Sbale, 65 South. 844; Garner v. The State, 58 South. 123; Lodge v. The State, 122 Ala. 97; Holmes v. The-State, 100 Ala. 80.

1Opinion of the CourtPelham, P. J.

A careful reading of the testimony of the witness Ernest West, as set out in the bill of exceptions, does not disclose an abuse of the court’s discretion generally as to the range and extent of the cross-examination permitted, as contended by counsel, but we think the court should have allowed the questions propounded to the witness having a tendency to impeach his impartiality and seeking to show that he was under the influence of a bias that might affect the weight to be accorded his testimony, because of an enmity entertained by one George Peters against the defendant. The said Peters was…

2Cases cited3 opinions

  1. Prince v. StateSupreme Court of Alabama · 1893
  2. Lodge v. StateSupreme Court of Alabama · 1898
  3. Harwell v. StateAlabama Court of Appeals · 1914

3Cited by4 opinions

  1. Griffin v. FowlerAlabama Court of Appeals · 1918
  2. Harrison v. StateAlabama Court of Appeals · 1915
  3. State v. JohnsonDistrict Court of Appeal of Florida · 1973
  4. Keller v. StateAlabama Court of Appeals · 1927

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