Wilson v. State
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Sarah Wilson, alias Simmons, was convicted of being a vagrant, and she appeals. A witness may not testify by expressing an opinion as to the very matter tlio jury must determine. 82 Ala. 3S, 2 South. 451; 159 Ala. 44, 49 South. 224, 133 Am. St. Rep. 17; 187 Ala. 10, G5 South. 514; 60 Ala. 97; 55 Ala. 217. The defendant was entitled to the affirmative charge.
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Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Sarah Wilson, alias Simmons, was convicted of being a vagrant, and she appeals. A witness may not testify by expressing an opinion as to the very matter tlio jury must determine. 82 Ala. 3S, 2 South. 451; 159 Ala. 44, 49 South. 224, 133 Am. St. Rep. 17; 187 Ala. 10, G5 South. 514; 60 Ala. 97; 55 Ala. 217. The defendant was entitled to the affirmative charge. OS Ala. -Gl, 13 South. 325; 98 Ala. 99, 12 South. 723. The court did not err in the admission of evidence. 5 Ala. App. 196, 59 South. 366. Objections to evidence, not…
1Opinion of the CourtBricken, P. J.
The defendant was indicted for being a vagrant.- The prosecution was based upon subdivisions 9 and 10 of section 7843 of the Code of 1907: (9) That defendant is a prostitute; (10) that defendant is a keeper of a house of prostitution. From a judgment of conviction she appeals, and counsel for appellant assigns errors and insists that the lower court erred in its rulings upon the admission of evidence, and also in its refusal to give the general affirmative charge requested in writing by the defendant.
While several rulings of the court are complained Of as being- error, there are but two…
2Cases cited7 opinions
- Wooster v. StateSupreme Court of Alabama · 1876
- McKee v. StateSupreme Court of Alabama · 1886
- Toney v. StateSupreme Court of Alabama · 1877
- Pilcher v. StateAlabama Court of Appeals · 1917
- McCalman v. StateSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Livingston v. StateCourt of Criminal Appeals of Alabama · 1982
- People v. PhillipsCalifornia Court of Appeal · 1945
- People v. MarronCalifornia Court of Appeal · 1934
- State v. CrummittWest Virginia Supreme Court · 1946
- State v. PoagueSupreme Court of Minnesota · 1955
14 more not listed; retrieve them via the Exa API.