Fincher v. State
Supreme Court of Alabama
Appeal from City Court of Mobile. Tried before Hon. O. J. Sehmes. Tbe appellant, Thomas Fincher, was convicted of the murder of Simeon Wheeler, and sentenced to imprisonment in the penitentiary for life. Wheeler was quite an old man, and was in the habit of walking from his residence, near “Eight Mile Creek,” to Spring Hill, and there taking the cars for Mobile, every Mondy morning.
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Appeal from City Court of Mobile. Tried before Hon. O. J. Sehmes. Tbe appellant, Thomas Fincher, was convicted of the murder of Simeon Wheeler, and sentenced to imprisonment in the penitentiary for life. Wheeler was quite an old man, and was in the habit of walking from his residence, near “Eight Mile Creek,” to Spring Hill, and there taking the cars for Mobile, every Mondy morning. On Monday, October 12th, 1874, his body was found on the public highway, with half of his head shot off, and powder-marks on his neck and face. Near his body was his hat and some bits -of paper, to which reference…
1Opinion of the CourtBbickell, C. J.
Of the several modes of assailing the credibility of a witness, the one most usually resorted to, is a cross-examination as to his relationship to the parties, his interest in the pending suit, his hostility to the prisoner, if it be a prosecution for a criminal offense, his motives, and whatever may fairly be presumed to bias him in favor of the party at whose instance he is testifying, and against the adverse party. These are matters collateral to the main issue of facts which is to be determined; and while the general rule is, that the answers of a witness -to collateral questions cannot…
2Cases cited5 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- McHugh v. StateSupreme Court of Alabama · 1858
- Governor v. CampbellSupreme Court of Alabama · 1850
- Bullard v. LambertSupreme Court of Alabama · 1866
3Cited by40 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Ex Parte CrymesSupreme Court of Alabama · 1993
- Sowell v. StateAlabama Court of Appeals · 1941
- Woodward v. StateCourt of Criminal Appeals of Alabama · 2011
- State v. HendersonWest Virginia Supreme Court · 1886
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