Bailum v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. • ■ James Bailum was convicted of manslaughter in the second degree, and he appeals. While testifying the witness Mrs. A. C. Smith stated that the little girl had made her escape from the truck, and this evidence is told in narrative form in the record. The court excluded it as a conclusion.
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Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge. • ■ James Bailum was convicted of manslaughter in the second degree, and he appeals. While testifying the witness Mrs. A. C. Smith stated that the little girl had made her escape from the truck, and this evidence is told in narrative form in the record. The court excluded it as a conclusion. R. D. Arthur offered to testify that the truck had a governor attached to it which regulated the speed, of the truck and which automatically cut off the gasoline and so. controlled the speed of the truck, and that at the time that he saw…
1Opinion of the CourtBricken, P. J.
From a judgment of conviction- for manslaughter in the second degree this appeal is taken. *
The jury returned a verdict finding the defendant guilty under the second count of the indictment, which charged that the defendant “unlawfully, but without malice, or the intention to kill, killed Ruth Kate Thompson, by negligently running over, upon, or against her with an automobile truck.”
The deceased, as shown by the evidence, was a small girl, six years of age, and was blind in her right eye, and the alleged accident occurred at or near the intersection of First avenue and Fifth (or Green)…
2Cases cited14 opinions
- Tidwell v. StateSupreme Court of Alabama · 1881
- Johnson v. StateSupreme Court of Alabama · 1891
- Lewis v. StateSupreme Court of Alabama · 1892
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Fitzgerald v. StateSupreme Court of Alabama · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. SimonCalifornia Court of Appeal · 1927
- Robinson v. StateCourt of Criminal Appeals of Alabama · 1980
- Allford v. StateAlabama Court of Appeals · 1943
- Crisp v. StateAlabama Court of Appeals · 1925
- Sawyer v. StateAlabama Court of Appeals · 1925
11 more not listed; retrieve them via the Exa API.