Nicholson v. State
Supreme Court of Alabama
Appear from Gadsden City Court. Heard before Hon. J. H. Disque. Tlie defendant' Avas indicted, tried, and convicted of using abusive, insulting, or obscene language in the presence of a Avcman.
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Appear from Gadsden City Court. Heard before Hon. J. H. Disque. Tlie defendant' Avas indicted, tried, and convicted of using abusive, insulting, or obscene language in the presence of a Avcman. After the 'State had made out its main case, and had rested, and after the defendant had introduced its case,' the state called one John SmallavoocI, as a Avitness, and he Avas permitted, over the objection of the.defendant, to testify to facts cumulative of the main case, and not in rebutal to.evidence introduced by the defendant. In making his argument to the jury, counsel for defendant argued that…
1Opinion of the Court
ANDERSON, J. —
The action of the trial court in permitting the state to examine the witness Smallwood, af*63ter the defendant liad closed Ids evidence, was discretionary, notwithstanding the evidence was not in rebuttal, and should more properly have been brought out before the state rested. — Braham v. State, 143 Ala. 28, 38 South. 919; Riley v. State, 88 Ala. 193, 7 South. 149; 8 Ency. Pl. & Pr. 132.
So much of the argument of the solicitor as was objected to was legitimate as a reply to the argument of counsel for the defendant, and the trial court committed no error in refusing to exclude the…
2Cases cited3 opinions
- Braham v. StateSupreme Court of Alabama · 1904
- Riley v. StateSupreme Court of Alabama · 1889
- Bardin v. StateSupreme Court of Alabama · 1904
3Cited by7 opinions
- Lambert v. StateSupreme Court of Alabama · 1922
- Jarrell v. StateSupreme Court of Alabama · 1948
- Colston v. StateCourt of Criminal Appeals of Alabama · 1975
- McDowell v. StateSupreme Court of Alabama · 1939
- Scott v. StateSupreme Court of Alabama · 1945
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