Davis v. State
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Bice Davis was convicted of assault and battery and lie appeals. The court erred in refusing to admit testimony as to the acts and declarations of Posey relative to throwing bottles, and as to bis preparation made to carry out bis threat. — -21 A. & E Enc. of Law, 229. The evidence offered by the defendant to incriminate the third party, Posey, was inadmissable.
Read the full summary
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Bice Davis was convicted of assault and battery and lie appeals. The court erred in refusing to admit testimony as to the acts and declarations of Posey relative to throwing bottles, and as to bis preparation made to carry out bis threat. — -21 A. & E Enc. of Law, 229. The evidence offered by the defendant to incriminate the third party, Posey, was inadmissable. It was merely suggestive of his guilt. — Banks v. State, 72 Ala. 522; Prince v. State, 100 Ala. 148; Brown v. State, 120 Ala. 342, 348.
1Opinion of the CourtWalker, P. J.
— While the train on which the defendant was a passenger was standing at the station at Townley, some one who was in the smoking compartment between the white and colored sections of the smoking car threw a bottle which struck a child on the station platform, inflicting an injury which at the time seemed to be a serious one. There was direct evidence tending to prove that the defendant was in the compartment mentioned at the time, and that he was in an intoxicated condition, and there was circumstantial evidence tending to prove that he was the person who threw the bottle. On the other hand,…
2Cases cited5 opinions
- McDonald v. StateSupreme Court of Alabama · 1910
- Spraggins v. StateSupreme Court of Alabama · 1903
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- Tatum v. StateSupreme Court of Alabama · 1901
- Mason v. StateSupreme Court of Alabama · 1908
3Cited by6 opinions
- Renfroe v. StateCourt of Criminal Appeals of Alabama · 1980
- Grissett v. StateAlabama Court of Appeals · 1922
- Hardison v. StateAlabama Court of Appeals · 1940
- Swoope v. StateAlabama Court of Appeals · 1923
- Spicer v. StateSupreme Court of Alabama · 1916
1 more not listed; retrieve them via the Exa API.