Lowman v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. George W. Lowman was convicted of homicide and he appeals. The rule is that the consanguinei of the wife are the affines of the husband, but the affines of the wife are not the affines of the husband. — 2 Stephens Com. 285; 1 A. & E. Ency of Law, 911; Kirby v. The State, 89 Ala. 63. This being true, the juror was improperly challenged by the State.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. George W. Lowman was convicted of homicide and he appeals. The rule is that the consanguinei of the wife are the affines of the husband, but the affines of the wife are not the affines of the husband. — 2 Stephens Com. 285; 1 A. & E. Ency of Law, 911; Kirby v. The State, 89 Ala. 63. This being true, the juror was improperly challenged by the State. The fact that the brother-in-law of the defendant ran away after the killing, was not competent against the defendant. — Gore v. The State, 58 Ala. 391; Everege v. The State, 113…
1Opinion of the CourtSayre, J.
The wife of juror Hall and defendant’s mother-in-law were first cousins. They were not related by consanguinity or affinity. — Kirby v. State, 89 Ala. 63, 8 South. 110; Danzey v. State, 126 Ala. 15, 28 South. 697. “Though the consanguinei of the wife are always related by affinity to the husband, and the consanguinei of the husband to the wife, it is to he remarked, on the other hand, that the consanguinei of the husband are not at all necessarily related to the consanguinei of the wife. * * Nor is the husband related to the affines of tlie wife, nor vice versa.” — 2 Steph. Com. 285. For the…
2Cases cited9 opinions
- Williams v. StateSupreme Court of Alabama · 1886
- Ingram v. StateSupreme Court of Alabama · 1880
- Kirby v. StateSupreme Court of Alabama · 1889
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Rhea v. StateSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Grammer v. StateSupreme Court of Alabama · 1940
- Patterson v. StateSupreme Court of Alabama · 1918
- Johnson v. StateSupreme Court of Alabama · 1916
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Flint v. StateCourt of Criminal Appeals of Alabama · 1979
21 more not listed; retrieve them via the Exa API.