Lewis v. State
Supreme Court of Alabama
From the Circuit Court of Elmore. Tried before the Hon. John. B. Tally. The defendant in this case, Yiney Lewis, was indicted for the murder of Lizzie Story, “ by cutting her with a knife;” was tried on issue joined on the plea of not guilty, convicted of murder in tbe second degree, and sentenced to tbe penitentiary for the term of fifteen years.
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From the Circuit Court of Elmore. Tried before the Hon. John. B. Tally. The defendant in this case, Yiney Lewis, was indicted for the murder of Lizzie Story, “ by cutting her with a knife;” was tried on issue joined on the plea of not guilty, convicted of murder in tbe second degree, and sentenced to tbe penitentiary for the term of fifteen years. On tbe trial, she reserved a bill of ¿xceptions, in wbicb tbe facts and rulings are thus stated: “The State introduced evidence tending to show tbat in May, 1888, before tbe finding of tbe indictment, and in said county, tbe defendant killed Lizzie…
1Opinion of the CourtMcCLELLAN, J.
The order of the introduction and examination of witnesses is, at least to a very large extent, controlled by the discretion of the presiding judge; and his action in allowing a departure from the usual and regular course of calling witnesses and adducing testimony is not revisable, except, perhaps, where it affirmatively appears that some substantial right of the party complaining has been prejudiced thereby. The exception of the defendant below to the introduction by the State and examination as to original matter of the witness Williams, after the close of testimony for the defense, can…
2Cases cited9 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Cleveland v. StateSupreme Court of Alabama · 1888
- McKee v. StateSupreme Court of Alabama · 1886
- Borland v. MayoSupreme Court of Alabama · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Watkins v. StateSupreme Court of Alabama · 1889
- Jarvis v. StateSupreme Court of Alabama · 1902
- Crosby v. PeopleIllinois Supreme Court · 1891
- Kirby v. StateSupreme Court of Alabama · 1889
13 more not listed; retrieve them via the Exa API.