Legal Opinion

Malone v. State

Alabama Court of Appeals

Decided June 26, 1917No. 8 Div. 451PublishedCited by 17 opinions

Appeal from Circuit Court, Colbert County; C. P. Almon, Judge. Burney Malone was convicted of burglary, and be appeals.

1Opinion of the CourtSamford, J.

[1] On cross-examination of Winnie Garth, the defendant’s counsel asked her this question: “You thought they were going to arrest you, and you came here and told.” The solicitor objected to the question, the court sustained the objection, and the defendant excepted, This action of the court did not constitute reversible error, as there was no showing made as to what the witness would have, answered. Under Supreme Court rule No. 45 (61 South, ix 1 ), the defendant may not complain of the sustaining of an objection to a question asked a witness, without showing what the witness would have…

2Cases cited12 opinions

  1. Powell v. StateAlabama Court of Appeals · 1912
  2. Sanders v. StateSupreme Court of Alabama · 1913
  3. Reid v. StateSupreme Court of Alabama · 1910
  4. Corry v. Sylvia y CiaSupreme Court of Alabama · 1915
  5. Pilcher v. StateAlabama Court of Appeals · 1917

7 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Gills v. StateAlabama Court of Appeals · 1950
  2. State v. KnoxSupreme Court of Iowa · 1945
  3. Adams v. StateAlabama Court of Appeals · 1947
  4. Turner v. StateSupreme Court of Alabama · 1972
  5. Tennessee Valley Sand & Gravel Co. v. PillingAlabama Court of Appeals · 1950

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API