Pope v. State
Supreme Court of Alabama
Appeal from Anniston Gity Court. Heard, before Hon. .Thomas W. Coleman, Je. Ervin Pope ivas convicted of murder in tbe first degree, and he appeals. Pope was charged with the murder of James MeClerldn, whose body was found early on the morning of the 20th, near a public road in Oxford, with head battered and crushed. Bloody stones and sticks were found thereabout.
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Appeal from Anniston Gity Court. Heard, before Hon. .Thomas W. Coleman, Je. Ervin Pope ivas convicted of murder in tbe first degree, and he appeals. Pope was charged with the murder of James MeClerldn, whose body was found early on the morning of the 20th, near a public road in Oxford, with head battered and crushed. Bloody stones and sticks were found thereabout. It was proven that McClerkin heard someone robbing his ginhouse of cotton seed during the night, and had gone in pursuit of the robber when he was killed. It appears that P’ope owned a farm which was rented to a number of tenants.…
1Opinion of the CourtAnderson, J.
The answer of the witness Williams as to the condition and appearance of the shoes, when he examined them at the coroner’s inquest, was responsive to the question asked by the state and to which there was no objection. The defendant, not having objected' to the question, could not put the trial court in error for failing to exclude the answer. — Downey v. State, 115 Ala. 108, 22 South. 479. Nor must we be understood as holding that the evidence was incompetent bad the question been objected to by the defendant. — Orr v. State, 117 Ala. 69, 23 South. 696.
There was no error in permitting tbe…
2Cases cited13 opinions
- Stone v. StateSupreme Court of Alabama · 1894
- Shields v. StateSupreme Court of Alabama · 1893
- Dolan v. StateSupreme Court of Alabama · 1886
- Downey v. StateSupreme Court of Alabama · 1896
- Hussey v. StateSupreme Court of Alabama · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Pope v. StateSupreme Court of Alabama · 1911
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Sharp v. StateSupreme Court of Alabama · 1915
- Hill v. StateSupreme Court of Alabama · 1915
- Coats v. StateSupreme Court of Alabama · 1950
29 more not listed; retrieve them via the Exa API.