Legal Opinion

Martin v. State

Supreme Court of Alabama

Decided July 1, 1898PublishedCited by 40 opinions

Appeal from Gadsden City Court. Tried before Hon. John H. Bisque. Tlie appellant was indicted and tried for tlie murder of William Alexander, was convicted of murder in the first degree, and sentenced to the penitentiary for life. The defendant pleaded “not guilty” and “not guilty by reason of insanity.”

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Appeal from Gadsden City Court. Tried before Hon. John H. Bisque. Tlie appellant was indicted and tried for tlie murder of William Alexander, was convicted of murder in the first degree, and sentenced to the penitentiary for life. The defendant pleaded “not guilty” and “not guilty by reason of insanity.” The evidence for the State tended to show that the defendant and deceased had some difficulty about a monkey wrench; that the deceased was seen running with the monkey wrench in his hand, and the defendant pursuing him 'with an ax; that after running some seventy-five yards the deceased…

1Opinion of the CourtHead, J.

The testimony of State witness Higgins' of the conversation had between him and the defendant’s father was hearsay, and ought to have-been rejected. The previous effort of the defendant to impeach the Antness by asking him if he did not, át that time and place, make a particular statement contradictory of Av'hat he had testified on the stand, and the simple denial *5of the witness that he had made such a statement, not going into the supposed conversation at all, did not authorize the State to prove the statements really made by the witness in the conversation. The time for the State to…

2Cases cited14 opinions

  1. Parsons v. StateSupreme Court of Alabama · 1886
  2. Hornsby v. StateSupreme Court of Alabama · 1891
  3. Hawes v. StateSupreme Court of Alabama · 1889
  4. Miller v. StateSupreme Court of Alabama · 1894
  5. Ford v. StateSupreme Court of Alabama · 1882

9 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Anderson v. StateSupreme Court of Alabama · 1922
  2. Parrish v. StateSupreme Court of Alabama · 1903
  3. Caldwell v. StateSupreme Court of Alabama · 1919
  4. Davis v. StateSupreme Court of Alabama · 1914
  5. McGhee v. StateSupreme Court of Alabama · 1912

35 more not listed; retrieve them via the Exa API.

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