Fonville v. State
Supreme Court of Alabama
From the Oireuit Court- of Butler. Tried before the Hon. John B. Hitubard. The defendant in this case, Pleas Fonville, a negro, was indicted for an assault on J. C. Comer, a white man, with the intent to murder him ; was convicted, and sentenced to the penitentiary for two years.
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From the Oireuit Court- of Butler. Tried before the Hon. John B. Hitubard. The defendant in this case, Pleas Fonville, a negro, was indicted for an assault on J. C. Comer, a white man, with the intent to murder him ; was convicted, and sentenced to the penitentiary for two years. The difficulty between the parties occurred in the town of Georgiana, on the 1st March, 1890; and the evidence tended to show that they had been drinking together, and that each was under the influence of liquor. The evidence adduced by the State, being the testimony of the prosecutor and others, was to the effect,…
1Opinion of the CourtColeman, J.
Acts and declarations, to be admitted as res gestee, must not only be substantially contemporaneous with the main fact under consideration, but must be so closely connected with it as to illustrate its character.—Ala. Gr. So. R. R. Co. v. Hawks, 72 Ala. 117; Martin v. Phinizy, 56 Ala. 339; Gassenheimer v. State, 52 Ala. 318. It is not shown what connection the former difficulty inquired about, between the witness Comer and some other party, had with the difficulty between the defendant and the witness Comer, or how the former tended 'to explain or characterize the assault of the defendant on…
2Cases cited13 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Ford v. StateSupreme Court of Alabama · 1882
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Maxwell v. StateSupreme Court of Alabama · 1889
- Tidwell v. StateSupreme Court of Alabama · 1881
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3Cited by56 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Jones v. StateSupreme Court of Alabama · 1913
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Lewis v. StateSupreme Court of Alabama · 1892
- Mitchell v. StateSupreme Court of Alabama · 1891
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