Legal Opinion

Cox v. State

Supreme Court of Alabama

Decided June 30, 1909PublishedCited by 55 opinions

Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Oris Cox was convicted of publishing a defamatory letter that had a tendency to provoke a breach of the peace, and he appeals.

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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Oris Cox was convicted of publishing a defamatory letter that had a tendency to provoke a breach of the peace, and he appeals. The indictment was as follows: “Oris Cox unlawfully and maliciously published of and concerning Lula Thompson, Willie Thompson, Tempy Thompson, and Dolly Thompson the following false, defamatory, and libelons matter in writing, and with the intent to defame the said Lula Thompson, Willie Thompson, Tempy Thompson, and Dolly Thompson, to wit: ‘Miss Loula Thompson: I heard that you was- keeping company…

1Opinion of the CourtDowdell, C. J.

A wider latitude is allowable on the cross, than upon the direct, examination of a witness. It is permissible upon a cross-examination, for the purpose of testing the memory, sincerity, etc., of the witness, to interrogate him as to matters wholly irrelevant to the issue in the case. The latitude and extent of such cross-examination, however, is a matter that must, of necessity, rest largely, if not exclusively, within the sound discretion of the trial court, and, so long as that discretion is not abused, the action of the trial court will not be revised on appeal. The refusal of the trial…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Ware v. CartledgeSupreme Court of Alabama · 1854
  2. Sweatt v. StateSupreme Court of Alabama · 1908
  3. Doe ex dem. Nickles v. HaskinsSupreme Court of Alabama · 1849
  4. Griffin v. Working Women's Home Ass'nSupreme Court of Alabama · 1906
  5. Washington v. StateSupreme Court of Alabama · 1904

3Cited by55 opinions

  1. Smith v. StateSupreme Court of Alabama · 1916
  2. Housing Authority v. Decatur Land Co.Supreme Court of Alabama · 1953
  3. Skumro v. StateSupreme Court of Alabama · 1936
  4. Cooley v. StateSupreme Court of Alabama · 1936
  5. Stone v. StateSupreme Court of Alabama · 1922

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