Ingram v. State
Alabama Court of Appeals
Murder. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Malcolm Ingram was convicted of manslaughter in the first degree, and he appeals. The charge was the killing of Zollie Bryson by shooting him with a gun. The state asked the witness Powell if Ingram made any threats at that time, and the witness answered, “Why, Bryson was cussing at him.” This answer, on motion of the state, was excluded.
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Murder. Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Malcolm Ingram was convicted of manslaughter in the first degree, and he appeals. The charge was the killing of Zollie Bryson by shooting him with a gun. The state asked the witness Powell if Ingram made any threats at that time, and the witness answered, “Why, Bryson was cussing at him.” This answer, on motion of the state, was excluded. On the cross-examination of the witnesses Smith and Johnson, the defense, on cross-examination, asked them: “Were you there when this negro' had some trouble with old man Horn?” The…
1Opinion of the Court
PELHAM, P. J.(1) Even should it be conceded that the matter inquired about was not part of the res gestae, and that the court erroneously permitted the solicitor to ask the state’s witness J. J. Powell the question: “After the shot was fired, the man on the right turned loose. Did he then go back and take hold of the negro any more?” — the answer elicited was not injurious or prejudicial to the defendant, for the witness answered, “Not as I noticed.” This evidence not being unfavorable to defendant, its admission, if error, was without injury.—Austin v. State, 145 Ala. 37, 40 South. 989;…
2Cases cited21 opinions
- Harris v. StateSupreme Court of Alabama · 1892
- Braham v. StateSupreme Court of Alabama · 1904
- Tesney v. StateSupreme Court of Alabama · 1884
- Maddox v. StateSupreme Court of Alabama · 1909
- Fowler v. StateSupreme Court of Alabama · 1908
16 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Spelce v. StateAlabama Court of Appeals · 1924
- Gary v. StateAlabama Court of Appeals · 1922
- Beard v. StateCourt of Criminal Appeals of Alabama · 1976
- Clack v. StateAlabama Court of Appeals · 1940
- Stover v. StateAlabama Court of Appeals · 1932
2 more not listed; retrieve them via the Exa API.