State v. Marler
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. The defendant was indicted, tried and found guilty of murder, at the last term of Montgomery Circuit Court. The presiding judge reserved certain questions for the opinion of this Court, as novel and difficult, on the following state of facts : One of the witnesses for the State testified that, at the time the defendant gave the mortal wound, the deceased had not a gun.
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Error to the Circuit Court of Montgomery. The defendant was indicted, tried and found guilty of murder, at the last term of Montgomery Circuit Court. The presiding judge reserved certain questions for the opinion of this Court, as novel and difficult, on the following state of facts : One of the witnesses for the State testified that, at the time the defendant gave the mortal wound, the deceased had not a gun. He was then asked by the counsel for the defendant, if he, the witness, had not, a short time after the killing took place, stated to one John Kelly, that deceased had a gun cocked and…
1Opinion of the CourtOrmond, J.
— Questions arising on the law of evidence, from the universality of their application, are always questions of great interest. The rule to be expounded in this case, has a double object — it is not only adopted as a means of arriving at truth, but is also designed for the protection of witnesses. The credit of any witness might be destroyed, if it were permitted, after his examination, to call other persons to contradict his testimony in Court, by proving that he had made different statements to them, without first enquiring of him whether he had made such statements to them, as he might…
2Cited by23 opinions
- People v. GarbuttMichigan Supreme Court · 1868
- State v. StrasburgWashington Supreme Court · 1910
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Boswell v. StateSupreme Court of Alabama · 1879
- Newcomb v. StateMississippi Supreme Court · 1872
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