Hickman v. State
Alabama Court of Appeals
Murder. Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Osband Hickman was convicted of manslaughter in the first degree, and he appeals. The defendant was indicted for murder in the second degree for killing Asbury Rushing by shooting him with a gun, and was convicted of manslaughter in the first degree.
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Murder. Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Osband Hickman was convicted of manslaughter in the first degree, and he appeals. The defendant was indicted for murder in the second degree for killing Asbury Rushing by shooting him with a gun, and was convicted of manslaughter in the first degree. The deceased was the son-in-law of the defendant, having married the defendant’s daughter “Bama,” in August, 1913, who at the time of the trial deposed to being 18 years of age. The evidence shows that the deceased, with his wife, lived only a short distance from the…
1Opinion of the CourtBrown, J.
It is an ancient rule of the law that a party cannot directly impeach the character of his own witness for the purpose of discrediting testimony given by the witness and with which the party is dissatisfied. The reason for this rule, that seems to have stood the test of time and experience, is that when a party offers a witness in proof of his cause he thereby, in general, represents him to be worthy of belief, and will not be allowed to assume the inconsistent attitude of saying that he is unworthy of belief, This rule, however, is not violated, if the witness proves to be hostile to the…
2Cases cited15 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Nelson v. StateSupreme Court of Alabama · 1900
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Gregory v. StateSupreme Court of Alabama · 1903
- Holland v. StateSupreme Court of Alabama · 1909
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3Cited by15 opinions
- Wesson v. StateSupreme Court of Alabama · 1939
- Arnold v. StateAlabama Court of Appeals · 1922
- Rogers v. StateAlabama Court of Appeals · 1917
- Cox v. StateAlabama Court of Appeals · 1923
- Doby v. StateAlabama Court of Appeals · 1917
10 more not listed; retrieve them via the Exa API.