Legal Opinion

Lowery v. State

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 23 opinions

Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. The defendant was tried at the Spring Term, 1893, for the murder of James Robinson, and was convicted of murder in the second degree. His punishment was fixed by the jury at thirty years imprisonment in the State penitentiary. A motion was made for a new trial.

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Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. The defendant was tried at the Spring Term, 1893, for the murder of James Robinson, and was convicted of murder in the second degree. His punishment was fixed by the jury at thirty years imprisonment in the State penitentiary. A motion was made for a new trial. On the trial, a witness for the State, Ann Robinson, the wife of deceased, testified that the deceased and the defendant had never had a cross word before the morning of the day deceased was killed, but that she, witness, was very hostile to defendant, and that her…

1Opinion of the CourtColeman, J.

The defendant Lowery was convicted of murder in the second degree. The questions for consideration arise upon the admission and exclusion of evidence, and the refusal of the Court to grant a new trial.

One of the witnesses examined for the prosecution, on cross examination, for the purpose of impeaching her testimony, was asked, if she had not been guilty of certain specified acts of adultery. An objection to the question was sustained. It may be that on cross ' examination, a witness who has testified to the good character of a defendant, as evidence to be considered in connection with other…

2Cases cited10 opinions

  1. Hussey v. StateSupreme Court of Alabama · 1888
  2. Moulton v. StateSupreme Court of Alabama · 1889
  3. Ingram v. StateSupreme Court of Alabama · 1880
  4. Perry v. StateSupreme Court of Alabama · 1888
  5. Lowe v. StateSupreme Court of Alabama · 1888

5 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Ex Parte WoodallSupreme Court of Alabama · 1998
  2. Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
  3. Thompson v. StateSupreme Court of Alabama · 1893
  4. Hill v. StateSupreme Court of Alabama · 1915
  5. Mitchell v. StateSupreme Court of Alabama · 1896

18 more not listed; retrieve them via the Exa API.

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