Bailey v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lee.. Tried before the Hon. J. W. Foster. The,appellant was indicted for an assault with intent to murder George Rowell, was found guilty as charged in the indictment, and sentenced to imprisonment in the penitentiary for five years.
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Appeal from the Circuit Court of Lee.. Tried before the Hon. J. W. Foster. The,appellant was indicted for an assault with intent to murder George Rowell, was found guilty as charged in the indictment, and sentenced to imprisonment in the penitentiary for five years. The evidence for the State, as shown by the bill of exceptions, tended to show that while George Rowell, in company with two other persons, was coming from the town of Loachapoka to his home, the defendant and his brother overtook them, and when within a short .distance of George Rowell, the defendant said to him : “You went to…
1Opinion of the Court
BRICKELL, O. J.
Evidence to be competent, must consist of facts of which the witness has personal knowledge. If it be material to show a knowledge by a witness of a particular fact, it may be proper to inquire of him whether the fact was or was not known to him ; of his own mental status he is competent to testify. The mental status, the cognition of another, is not a fact; it is of necessity matter of opinion or conclusion dependent on the facts from which the opinion is formed, or the conclusion drawn. The court below erred in permitting the witness to testify that the defendant knew at the…
2Cases cited4 opinions
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Whetstone v. Bank at MontgomerySupreme Court of Alabama · 1846
- Bullock v. WilsonSupreme Court of Alabama · 1837
3Cited by25 opinions
- Braham v. StateSupreme Court of Alabama · 1904
- McGuff v. StateSupreme Court of Alabama · 1946
- Harbison-Walker Refractories Co. v. ScottSupreme Court of Alabama · 1914
- Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
- Hembree v. StateAlabama Court of Appeals · 1924
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