Henry v. State
Supreme Court of Alabama
From the Circuit Court of Etowah. Tried before the Hon. James Aiken. The defendant in this case, James F. Henry, was indicted for an assault and battery on James R. Nowlin, and, on being tried on issue joined on the plea of not guilty, was convicted, and fined $50. “ On the trial,” as the bill of exceptions states, “the State introduced James R. Nowlin as a witness, who testified that, on the morning before the difficulty in the evening, he went to the store of Col. Sam.
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From the Circuit Court of Etowah. Tried before the Hon. James Aiken. The defendant in this case, James F. Henry, was indicted for an assault and battery on James R. Nowlin, and, on being tried on issue joined on the plea of not guilty, was convicted, and fined $50. “ On the trial,” as the bill of exceptions states, “the State introduced James R. Nowlin as a witness, who testified that, on the morning before the difficulty in the evening, he went to the store of Col. Sam. Henry, the father of the defendant, to see about a statement made by Walter Henry, his nephew, a cousin of the defendant,…
1Opinion of the CourtClopton, J.
The court did not err in excluding evidence of the manner and conduct of the witness Nowlin, and of his being angry and agitated, when at Henry’s store in the morning of the day on which the rencontre occurred. It was too far removed, in point of time and place, from the subsequent battery, to constitute a part of the res gestae; and was not admissible, either in extenuation or in justification.—Rosenbaum v. State, 33 Ala. 354; Keiser v. Smith, 71 Ala. 481. Neither was it admissible as affecting the credibility of the witness. While, for this purpose, it is admissible to show the feeling,…
2Cases cited3 opinions
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Keiser v. SmithSupreme Court of Alabama · 1882
- Page v. StateSupreme Court of Alabama · 1881
3Cited by12 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Maddox v. StateSupreme Court of Alabama · 1909
- Whitehead v. StateSupreme Court of Alabama · 1921
- Hill v. StateSupreme Court of Alabama · 1915
- Bass v. StateSupreme Court of Alabama · 1929
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