Thomas v. State
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; J. B. Foster, Judge. Jim Thomas and another were convicted of murder in the first degree and sentenced to imprisonment in the penitentiary for life, and they appeal. The man assaulted and killed was Bud Reeves.
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Appeal from Circuit Court, Coffee County; J. B. Foster, Judge. Jim Thomas and another were convicted of murder in the first degree and sentenced to imprisonment in the penitentiary for life, and they appeal. The man assaulted and killed was Bud Reeves. Testimony for the state tended to show that Mr. Reeves got out of a wagon and went into Mr. Brown’s house, his father-in-law, spoke to his wife, and while returning to the wagon was attacked by Jim Thomas with a chair and by Wes Thomas with a knife, and was cut, from which he died. Jim Thomas, one of the defendants, proposed to testify that he…
1Opinion of the CourtAnderson, C. J.
[1] The trial court did not err in not permitting one of the defendants, Jim Thomas, to testify as to his intentions or purpose to attend a party the night of the homicide as an excuse for being at the Brown home, the place of the killing. 4 Michie’s Digest, p. 161, § 238. Moreover, the trial court permitted evidence by his mother that he told her when leaving home that afternoon that he was going to the party that night.
[2] There was no reversible error in permitting the state to cross-examine Mrs. Thomas as to matters brought out by the defendant, or in permitting predicates for a…
2Cases cited2 opinions
- Upson v. RaifordSupreme Court of Alabama · 1856
- Winston v. MoseleySupreme Court of Alabama · 1829
3Cited by3 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 1977
- Pritchett v. United StatesCourt of Appeals for the D.C. Circuit · 1950
- Milton v. StateCourt of Criminal Appeals of Alabama · 1982