Finney v. State
Alabama Court of Appeals
Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Jasper Finney was convicted of murder in the second degree and he appeals.
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Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Jasper Finney was convicted of murder in the second degree and he appeals. The court was in error in permitting the witness to state that tracks were found near the body, and were such as would be made by a No. 8 shoe. — Busby v. State, 77 Ala. 66. The entire evidence of Randy Dobbs should have been excluded. — Whittaker v. State, 106 Ala. 30; Gassenheimer’s Case, 52 Ala. 313; McCormick’s Case, 102 Ala. 161; Curtis v. State, 118 Ala. 125. Threats made as to some one shooting cows should have been excluded as it…
1Opinion of the CourtPelham, J.
Reversible error cannot be predicated upon the court’s action in excusing the juror Beverly, who was one of the special jurors drawn, and whose name appeared on the copy of the venire served on the defendant. It was shown that the juror was excused by the court before entering upon the trial, and before the jury to try the case had been selected, on account of the dangerous illness of a member of the juror’s family. — Code, §§ 7279, 7280; Barden v. State, 145 Ala. 1, 40 South. 948.
It was proper to show by the witness who found the tracks near the deceased’s body next morning after he was…
2Cases cited13 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Hargrove v. StateSupreme Court of Alabama · 1906
- Dowling v. StateSupreme Court of Alabama · 1907
- Montgomery v. StateSupreme Court of Alabama · 1909
- Turner v. StateSupreme Court of Alabama · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stewart v. StateCourt of Criminal Appeals of Alabama · 1992
- Brooks v. StateCourt of Criminal Appeals of Alabama · 1969
- Cauley v. StateAlabama Court of Appeals · 1916
- Lloyd v. StateCourt of Criminal Appeals of Alabama · 1974
- James v. StateAlabama Court of Appeals · 1916
7 more not listed; retrieve them via the Exa API.