Stallworth v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. C. J. Torrey, Special Judge. The defendant was indicted and tried for the killing of B. McLeod by shooting him with a pistol.
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Appeal from Monroe Circuit Court. Heard before Hon. C. J. Torrey, Special Judge. The defendant was indicted and tried for the killing of B. McLeod by shooting him with a pistol. When the case was called for trial, and the state had announced ready, the defendant moved for a continuance on account of the absence of the witness Seigler, and it was shown to the court that the said witness lived at Bell’s Landing in Monroe county, Ala., and. that he was a material witness for defendant, whereupon the court put the defendant to making a showing as to what said witness would testify,' and the…
1Opinion of the CourtTyson, J.
It cannot be affirmed that the court abused its discretion in refusing to continue the cause and in putting the defendant on a showing for the absent witness, Seigler. — House v. State, 139 Ala. 132, 36 South. 732.
The statement of witness Stallworth that he heard a pistol fire and that the hole in the forehead of deceased was caused by a bullet from a pistol, if error, became one on account of being an opinion of the witness not an expert on the subject, was clearly without injury, since the undisputed testimony, including that of defendant shows that the deceased Ayas killed by a bullet…
2Cases cited5 opinions
- Underwood v. StateSupreme Court of Alabama · 1882
- Gordon v. StateSupreme Court of Alabama · 1903
- White v. StateSupreme Court of Alabama · 1882
- Reese v. StateSupreme Court of Alabama · 1902
- House v. StateSupreme Court of Alabama · 1903
3Cited by18 opinions
- Payne v. StateSupreme Court of Alabama · 1954
- Langham v. StateAlabama Court of Appeals · 1915
- Dodd v. StateAlabama Court of Appeals · 1946
- Warren v. StateSupreme Court of Alabama · 1916
- Harris v. StateCourt of Criminal Appeals of Alabama · 1972
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