Wasserleben v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Virginia T. Wasserleben and Mary T. Godau were indicted jointly for the murder of Prank Wasserleben. A severance was ordered and this defendant was tried and convicted of murder in the 1st degree and sentenced to life imprisonment, from which judgment she appeals.
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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Virginia T. Wasserleben and Mary T. Godau were indicted jointly for the murder of Prank Wasserleben. A severance was ordered and this defendant was tried and convicted of murder in the 1st degree and sentenced to life imprisonment, from which judgment she appeals. The court erred in not sustaining objection to any further statement of the witness Lafield, as there was no evidence to show a conspiracy and whatever the appellant said after the murder had been committed was immaterial. — Sec. 6220, Code 1907. The evidence was also in…
1Opinion of the CourtAnderson, J.
— Wesley P. Lafield, a witness for the state in rebuttal, after testifying as to the defendant’s coming to his house Saturday night and calling him, was interrupted by an objection by the defendant’s counsel to any further statement by the witness. This objection was to no question asked by the solicitor and was but a general, speculative objection to whatever the witness *4might subsequently narrate, whether legal or not, and. was not such an objection as could put the trial court in error for overruling same. The witness then" proceeded to state what the defendant told him in reference to the…
2Cases cited5 opinions
- Shelton v. StateSupreme Court of Alabama · 1905
- Price v. StateSupreme Court of Alabama · 1897
- Wilson v. StateSupreme Court of Alabama · 1887
- Livingston v. StateAlabama Court of Appeals · 1912
- Ex parte LivingstonSupreme Court of Alabama · 1913
3Cited by1 opinion
- Territory v. CorumHawaii Supreme Court · 1937