Mathis v. State
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. John Mathis was convicted of murder in the second degree, and he appeals. Most of the facts sufficiently appear.
Read the full summary
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. John Mathis was convicted of murder in the second degree, and he appeals. Most of the facts sufficiently appear. Nelson Daniels, being cross-examined, was asked: “You knew at that time (referring to the preliminary trial) when that trial was had here before Judge Butler, everything that you know now, didn’t you?” The witness answered, “Yes, sir,” and was asked, “You didn’t go on the stand and testify in that case, did you?” The state objected to this question, the court sustained the objection, and defendant made known to the…
1Opinion of the CourtEvans, J.
(1-4) Appellant was convicted of murder in the second degree for killing one Simmie Daniels. It is insisted that the trial court erred in the admission of the testimony of Dr. J. H. Flowers, tending to prove the range of the shot, in that the witness had not qualified as an expert. Dr. Flowers testified that he was a practicing physician in Houston county, and had professionally attended the deceased when he was shot. Whether a witness is shown to possess the requisite qualifications to speak as an expert is a preliminary question, largely within the discretion of the trial- court. — Tesney’s…
2Cases cited32 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- Burton v. StateSupreme Court of Alabama · 1896
- Tesney v. StateSupreme Court of Alabama · 1884
- Gibson v. StateSupreme Court of Alabama · 1890
- Watts v. StateSupreme Court of Alabama · 1912
27 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wilson v. StateAlabama Court of Appeals · 1942
- Gettings v. StateAlabama Court of Appeals · 1947
- Lovejoy v. StateAlabama Court of Appeals · 1948
- Padgett v. StateCourt of Criminal Appeals of Alabama · 1972
- Jarrell v. StateAlabama Court of Appeals · 1949
21 more not listed; retrieve them via the Exa API.