DuBose v. State
Supreme Court of Alabama
Murder. Appeal frofii Clarke Circuit Court. Heard before Hon. S. H. Sprott. Tutt Du Bose was convicted of murder in tbe first degree, and be appeals. Tbe witness Parker was called for tbe state, and testified to tbe killing, and as to tracks leading from near the place of tbe killing to and from a small tree near tbe road, and about 20 or 30 feet from where deceased was found lying after tbe shooting.
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Murder. Appeal frofii Clarke Circuit Court. Heard before Hon. S. H. Sprott. Tutt Du Bose was convicted of murder in tbe first degree, and be appeals. Tbe witness Parker was called for tbe state, and testified to tbe killing, and as to tracks leading from near the place of tbe killing to and from a small tree near tbe road, and about 20 or 30 feet from where deceased was found lying after tbe shooting. On cross-examination of this witness tbe defendant asked tbe question set out in paragraph 1 of tbe opinion. Tbe evidence.for tbe state tended to show that tbe deceased was killed by a gunshot…
1Opinion of the CourtHaralson, J.
—1. Objection to a question pro pounded to a state witness, by tbe defendant on cross-examination, viz: “If the deceased was not the father of an illegitimate child by the daughter of witness?” was properly sustained, on the ground of- irrelevancy and immateriality.
2. The witness, Jewett, was handed a shoe, he had fitted on the tracks leading to and from the scene of the homicide, stating'that the shoe and tracks corresponded, and was asked if the shoe had crude rosin on it at the time it was handed to him for the purpose of comparing it with the tracks, which was objected to for…
2Cases cited7 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Stone v. StateSupreme Court of Alabama · 1894
- Braham v. StateSupreme Court of Alabama · 1904
- Childress v. StateSupreme Court of Alabama · 1888
- Lane v. StateSupreme Court of Alabama · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Blue v. StateSupreme Court of Alabama · 1944
- Smith v. StateSupreme Court of Alabama · 1916
- Peterson v. StateSupreme Court of Alabama · 1936
- Chambers v. StateCourt of Criminal Appeals of Alabama · 1980
- Allred v. StateSupreme Court of Alabama · 1973
13 more not listed; retrieve them via the Exa API.