Vinson v. State
Alabama Court of Appeals
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. James D. Vinson was convicted of murder and lie appeals. Having permitted a part of the conversation had at the time of the killing to • be brought out by the state, defendant was entitled to have the other party, and the court erred in refusing to submit the defendant to show such conversation.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. James D. Vinson was convicted of murder and lie appeals. Having permitted a part of the conversation had at the time of the killing to • be brought out by the state, defendant was entitled to have the other party, and the court erred in refusing to submit the defendant to show such conversation. The court erred in permitting the witness to testify to the statements of defendant’s wife made in defendant’s presence, as they were not such statements as called for a denial, and were hearsay. The court was not justified in refusing…
1Opinion of the CourtWalker, P. J.
There was evidence tending to prove that after dark the defendant shot the deceased. Jesse Bailey, as the latter was coming towards him with a gun, the defendant at the time being in his own residence and under a mistaken, but not wholly unfounded, belief that it was another man who was- approaching and about to commit a murderous assault upon him. There was other evidence which tended to prove that before the fatal shot was fired the defendant Avas informed that the man he saw in his yard was Jesse Bailey. Zack Bailey, a brother of the deceased, *63on his direct examination as the first witness…
2Cases cited6 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Lawson v. StateSupreme Court of Alabama · 1852
- Lundsford v. StateAlabama Court of Appeals · 1911
- Ray v. StateSupreme Court of Alabama · 1906
- Addison v. StateSupreme Court of Alabama · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Burgess v. StateSupreme Court of Alabama · 1951
- Morey v. StateSupreme Court of Florida · 1916
- Porter v. StateSupreme Court of Alabama · 1937
- Cooper v. StateAlabama Court of Appeals · 1935
- Pate v. StateAlabama Court of Appeals · 1945
5 more not listed; retrieve them via the Exa API.