Stephens v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Joe Stephens was indicted on a charge of murder in the first,degree, and on the trial was convicted of manslaughter in the first degree, and from the judgment he appeals. The language of the court in excluding the admittedly incompetent testimony did not remove the prejudice of its admission. 15 Ala.
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Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Joe Stephens was indicted on a charge of murder in the first,degree, and on the trial was convicted of manslaughter in the first degree, and from the judgment he appeals. The language of the court in excluding the admittedly incompetent testimony did not remove the prejudice of its admission. 15 Ala. App. 454, 73 South. 766. The court erred in admitting evidence as to Davison’s wife and Pheney., and as to what happened. 147 Ala. 50, 41 South. 727; 137 Ala. 44, 34 South. 6S0; 30 Ala. 433; 112 Ala. 1, 21 South. 214. Counsel…
1Opinion of the CourtSamford, J.
The exceptions indicated by assignments of error 1, 2, and 3 are not insisted upon, the points therein raised being settled by the following-cases: Evans v. State, 82 South. 625; Harris v. State (Sup.) 82 South. 450; Chambers v. State (June 10, 1919), 84 South. 638. The exceptions indicated by assignments of error 4 and 5 have been settled adversely to appellant’s contention in the case of Al Henry Vaughn v. State, ante, p. 383, 84 South. 879.
[1] There was no error in the action of the court in permitting the state to examine as a witness Albert Shaw because he was suffering from high blood…
2Cases cited14 opinions
- Jones v. StateSupreme Court of Alabama · 1884
- Watson v. AdamsSupreme Court of Alabama · 1914
- McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910
- Green v. StateSupreme Court of Alabama · 1892
- Noel v. StateSupreme Court of Alabama · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lovejoy v. StateAlabama Court of Appeals · 1948
- Moore v. StateAlabama Court of Appeals · 1942
- Capps v. StateAlabama Court of Appeals · 1940
- Graham v. StateAlabama Court of Appeals · 1932
- Levert v. StateSupreme Court of Alabama · 1932
4 more not listed; retrieve them via the Exa API.