Lowman v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. From a conviction of manslaughter in the first degree George Lowman appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. From a conviction of manslaughter in the first degree George Lowman appeals. The court erred in permitting the state to challenge the juror Bailey because he had been a witness for the defendant. — Subd. 10, Sec. 7276, Code 1907. The court erred in permitting the witness to state whether or not the deceased was in the habit of cursing and swearing. — Sorrell v. Craig, 9 Ala. 584; Franklin v. The State, 29 Ala. 14; Benn v. The State, 37 Ala. 103. Presumption of injury arises from the admission of incompetent evidence in…
1Opinion of the CourtSimpson, J.
The appellant was placed on trial for the crime of murder in the second degree and convicted of manslaughter in the first degree.
One Bailey, who had been a witness for the defendant, but was discharged after he had been summoned as a juror, was challenged for cause by the state and the cause sustained. There Avas no error in this. While subdivision 10 of section 7276 of the Code 1907 mentions as one of the causes “that he is a witness for the other party,” yet it Avould be defeating the purpose of the statute to permit a party to render his witness competent as a juror against the objection…
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- Commander v. StateSupreme Court of Alabama · 1877
- Baldwin v. StateSupreme Court of Alabama · 1895
3Cited by11 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Pollard v. RogersSupreme Court of Alabama · 1937
- Brannon v. StateAlabama Court of Appeals · 1917
- Kinsey v. StateSupreme Court of Alabama · 1920
- Moss v. StateAlabama Court of Appeals · 1922
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