Wigginton v. State
Alabama Court of Appeals
Appeal from Circuit Court, Limestone County; Robt. C. Briekell, Judge. Van Wigginton was indicted on a charge of'murder in the second degree, and on his trial was convicted of manslaughter in the first degree. Prom the judgment, he appeals. The predicate w.as not sufficient upon which to introduce the evidence of the absent witness. 11 Ala. App. 15, 65 South. 444; 15 Ala. 749; 17 Ala. 354;. 17 Ala. 415; 67 Ala. 55, 42 Am.
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Appeal from Circuit Court, Limestone County; Robt. C. Briekell, Judge. Van Wigginton was indicted on a charge of'murder in the second degree, and on his trial was convicted of manslaughter in the first degree. Prom the judgment, he appeals. The predicate w.as not sufficient upon which to introduce the evidence of the absent witness. 11 Ala. App. 15, 65 South. 444; 15 Ala. 749; 17 Ala. 354;. 17 Ala. 415; 67 Ala. 55, 42 Am. Rep. 95; 92 Ala. 41, 9 South. 406; 106 Ala. 74, 17 South. 512; 183 Ala. 61, 63 South. 71. Parol evidence of such testimony is not admissible until section 7600, Code 1907,…
1Opinion of the Court
* Judgment reversed 87 So. 700. One of the principal points presented by the record and insisted on in brief of counsel was the introduction by the state of the testimony given by a witness on the preliminary hearing of the case against the defendant before the committing magistrate. During the taking of the testimony, on the preliminary question before the judge as to the predicate necessary to the introduction of secondary evidence as to the testimony of this witness, many objections were made to questions asked, and motions made to exclude the answers. These objections and motions were…
2Cases cited15 opinions
- Cooper v. SlaughterSupreme Court of Alabama · 1912
- Harwell v. StateAlabama Court of Appeals · 1915
- Price v. StateSupreme Court of Alabama · 1897
- Ham v. State ex rel. BuckSupreme Court of Alabama · 1908
- Bufford v. LittleSupreme Court of Alabama · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Poarch v. StateAlabama Court of Appeals · 1923
- Walker v. StateCourt of Criminal Appeals of Alabama · 1978
- Gaither v. StateAlabama Court of Appeals · 1928
- Jones v. StateAlabama Court of Appeals · 1949
- Barnett v. PatilloAlabama Court of Appeals · 1949
1 more not listed; retrieve them via the Exa API.