Legal Opinion

Vickers v. State

Alabama Court of Appeals

Decided June 21, 1921No. 8 Div. 789PublishedCited by 9 opinions

Appeal from Circuit Court, Jackson County ; W. W. Harralson, Judge. John Vickers was indicted for murder of Joe Bishop, convicted of manslaughter in the first degree, and he appeals. Mrs. Bishop testified, among other things, that Vickers and Joe Bishop had a difficulty “down in a field at our place in Jackson county,” and that in this difficulty the shot was fired that resulted in Joe Bishop’s death.

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Appeal from Circuit Court, Jackson County ; W. W. Harralson, Judge. John Vickers was indicted for murder of Joe Bishop, convicted of manslaughter in the first degree, and he appeals. Mrs. Bishop testified, among other things, that Vickers and Joe Bishop had a difficulty “down in a field at our place in Jackson county,” and that in this difficulty the shot was fired that resulted in Joe Bishop’s death. The solicitor cross-examining MeClusky asked this question, “He has told you he killed a man in Arkansas?” and the witness answers, “He had not told him any such thing.” Charge 2 is as follows:…

1Opinion of the Court

The testimony of Mrs. Joe Bishop was sufficient to establish the venue in Jackson county and therefore the court did not err in refusing to give the general charge as requested by defendant.

The court, on motion of the defendant excluded all the clothing of deceased. If there had been any error in admitting them, the error was cured, and left the defendant without exception on this point.

The testimony of the defendant, taken on the preliminary trial of the case, was objected to on the ground that much of the testimony then being read was illegal, immaterial, and irrelevant. The objection was…

2Cases cited1 opinion

  1. Lee v. StateSupreme Court of Alabama · 1890

3Cited by9 opinions

  1. Williams v. StateAlabama Court of Appeals · 1935
  2. Freeman v. StateAlabama Court of Appeals · 1954
  3. Melton v. StateAlabama Court of Appeals · 1926
  4. Williams v. StateAlabama Court of Appeals · 1935
  5. White v. StateCourt of Criminal Appeals of Alabama · 1984

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