Rosenbaum v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. ■ Tried before the Hon. ¥m. M. Brooks. The prisoner in this case, Louis Rosenbaum, was indicted for an assault and battery on one Jacob Gittleman, “ exhibiting at the time an awl as a weapon; ” and on his trial, having pleaded not guilty, reserved the following exceptions to the rulings of the court: “Jacob Gittleman, upon whom the alleged assault and battery charged in the indictment was committed, was introduced as a witness, and…
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Appeal from the Circuit Court of Marengo. ■ Tried before the Hon. ¥m. M. Brooks. The prisoner in this case, Louis Rosenbaum, was indicted for an assault and battery on one Jacob Gittleman, “ exhibiting at the time an awl as a weapon; ” and on his trial, having pleaded not guilty, reserved the following exceptions to the rulings of the court: “Jacob Gittleman, upon whom the alleged assault and battery charged in the indictment was committed, was introduced as a witness, and testified, that Rosenbaum, a few days before the day on which the difficulty between them occurred, bought from him a…
1Opinion of the Court
STONE, J.—
Ye concur with the circuit court in holding, that what took place at the store of Taylor & Epps, in the forenoon of the day on which the light took place, was not admissible in evidence. It was no part of the res gestee—was too far removed in point of time from the actual engagement; and the only effect it could have had, would have been to embarrass the jury with considerations of the merits of the quarrel. It could not qualify or mitigate the breach, of the peace of which the public complained. Ward v. The State, 28 Ala. 53; 1 Greenl. Ev. § 52; Robbins v. The State, 20 Ala. 36.
[2.]…
2Cases cited11 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- Felix v. StateSupreme Court of Alabama · 1851
- Sanford v. HowardSupreme Court of Alabama · 1857
- Harvey v. ThorpeSupreme Court of Alabama · 1856
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
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3Cited by37 opinions
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