Ex parte State
Supreme Court of Alabama
Certiorari to Court of Appeals. Morris Livingston was convicted, of homicide, and on appeal to the Court of Appeals, the judgment of the trial court was reversed. Whereupon the State applies for a writ of certiorari to review the opinion rendered by the Court of Appeals, and reported in .the case of Livingston v. State, 7 Ala. App. 43; 61 South. 54. Writ awarded, and the judgment of the Court of Appeals reversed and the cause remanded.
Read the full summary
Certiorari to Court of Appeals. Morris Livingston was convicted, of homicide, and on appeal to the Court of Appeals, the judgment of the trial court was reversed. Whereupon the State applies for a writ of certiorari to review the opinion rendered by the Court of Appeals, and reported in .the case of Livingston v. State, 7 Ala. App. 43; 61 South. 54. Writ awarded, and the judgment of the Court of Appeals reversed and the cause remanded. The character of the evidence sought was merely an inculpatory admission of defendant made before the killing, and evincing ill will or menace towards…
1Opinion of the CourtAnderson, J.
This case was reversed by the Court of Appeals upon two propositions only: The first, because no sufficient predicate was laid for the admission of the testimony of J. M. Baker as to a statement made *6to him by the defendant’s witness Hollis; second, because J. G. Cobb was permitted to testify as to a statement made to him by the- defendant with reference to the deceased prior to the killing,'and no predicate was laid. We will discuss the questions in inverse order for convenience.
Declarations of a defendant prior to the commission of the alleged offense, expressing menace or ill will against…
2Cases cited6 opinions
- Ex parte Louisville & Nashville R. R.Supreme Court of Alabama · 1912
- Whatley v. StateSupreme Court of Alabama · 1906
- Gilmore v. StateSupreme Court of Alabama · 1899
- Price v. StateSupreme Court of Alabama · 1897
- Ex parte SteversonSupreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
- Greek v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1922
- Nickerson v. StateSupreme Court of Alabama · 1921
- Lamb v. StateSupreme Court of Florida · 1925
- Ex parte WilliamsSupreme Court of Alabama · 1913
17 more not listed; retrieve them via the Exa API.