Legal Opinion

Thomas v. State

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 16 opinions

Appeal from the Circuit Court of Conecuh. Tried before the Hon. John R. Tyson. The appellant was indicted, tried and convicted for an assault and battery upon one Henry Hunter.

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Appeal from the Circuit Court of Conecuh. Tried before the Hon. John R. Tyson. The appellant was indicted, tried and convicted for an assault and battery upon one Henry Hunter. Upon the trial of the cause, as is shown by the bill of exceptions, the State introduced Henry Hunter as a witness, who testified that on the night he was assaulted and beaten, he went into a restaurant kept by one Rogers for the purpose of getting his sisters who were there ; that the' defendant and others were in the restaurant at the time ; that he got his sisters out of the restaurant and sent them home, and while…

1Opinion of the CourtMcCLELLAN, J.

The fact that the defendant, very • soon after the assault he is charged with having made upon Hunter, married Hunter’s sister, Virginia, was competent to go to the jury as tending to show motive for the assault, in connection with the fact that Hunter immediately preceding the assault had taken her away from Rogers’ restaurant where defendant also was.

The court erred in refusing to allow defendant to ask the witness, Estelle Hunter, whether she had not told the father of the defendant the morning of the trial, at her father’s house, that she would swear “that her brother Henry Hunter came…

2Cases cited3 opinions

  1. Griffith v. StateSupreme Court of Alabama · 1891
  2. White v. StateSupreme Court of Alabama · 1888
  3. Hemingway v. GarthSupreme Court of Alabama · 1874

3Cited by16 opinions

  1. Peterson v. StateSupreme Court of Alabama · 1933
  2. Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
  3. Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
  4. Alabama Power Co. v. HallSupreme Court of Alabama · 1925
  5. Hickman v. StateAlabama Court of Appeals · 1915

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