Odom v. State
Supreme Court of Alabama
Murder. Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. J. Lawrence Odom was convicted of murder in the first degree, sentenced to death, and he appeals'. Charge 7, referred to, is as follows: “The court charges the jury that, before you should convict the defendant, the hypothesis of his guilt should flow naturally from the fact proven, and be consistent with all the facts in the case.”
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Murder. Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. J. Lawrence Odom was convicted of murder in the first degree, sentenced to death, and he appeals'. Charge 7, referred to, is as follows: “The court charges the jury that, before you should convict the defendant, the hypothesis of his guilt should flow naturally from the fact proven, and be consistent with all the facts in the case.” The court erred in not permitting the witness to testify as an expert.— 54= Cal. 509; 64 Yer. 233; 35 Yer. 389; 39 L. R. A. 317; 12 Mich. 36; 127 Mass. 421; 111 U. S. 612; Wigmore on Evidence,…
1Opinion of the Court
SIMPSON, J,
The appellant was convicted of the crime of murder in the first degree. The pleas were, not guilty, and not guilty by reason of insanity.
Thé witness Humphreys, who is not a physician, testified about his experience with insane people in taking them from Mobile to the insane hospitals on many occasions, to his observing their manner, etc., and to his knowledge about what constitutes a paranoiac, etc., and said that he had talked with the defendant “several months ago for about a half hour.” Besides the fact that the matter of allowing a nonexpert witness to express an opinion that a…
2Cases cited7 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Gilmore v. StateSupreme Court of Alabama · 1892
- Maxwell v. StateSupreme Court of Alabama · 1889
- Braham v. StateSupreme Court of Alabama · 1904
- Dominick v. RandolphSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Odom v. StateSupreme Court of Alabama · 1911
- Russell v. StateSupreme Court of Alabama · 1918
- Wise v. StateSupreme Court of Alabama · 1948
- Redwine v. StateAlabama Court of Appeals · 1952
- Shouse v. StateAlabama Court of Appeals · 1952
12 more not listed; retrieve them via the Exa API.