Hurst v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant, Lee Hurst, was jointly indicted with Walter Jordan for the murder of Bobert McWhorter. A severance was had, and Lee Hurst was convicted of murder in the first degree and sentenced to the penitentiary for life.
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant, Lee Hurst, was jointly indicted with Walter Jordan for the murder of Bobert McWhorter. A severance was had, and Lee Hurst was convicted of murder in the first degree and sentenced to the penitentiary for life. After proving the corpus delicti and the venue of the offense, the evidence for the State tended to show that the defendant, Lee Hurst, became involved in ■ a difficulty with one White on a street in- ¡the city of Mobile; that White’s brother came to his assistance and the defendant then sent word…
1Opinion of the CourtTyson, J.
The questions propounded to defendant on cross-examination, notwithstanding they called for his secret, unexpressed motives or purposes, were not illegal and his responses to them were competent and relevant. Whilst it is true, as a general rule, secret intentions or unexpressed motives of a witness cannot be called for, the rule applies more particularly where a party seeks, in his own behalf, to prove by his own or his witness’ testimony, the secret, unexpressed motives or purposes of the person testifying. On cross-examination, where great latitude is allowed, the questions asked in…
2Cases cited4 opinions
- Linnehan v. StateSupreme Court of Alabama · 1898
- Thomason v. DillSupreme Court of Alabama · 1857
- Ellis v. StateSupreme Court of Alabama · 1894
- Yarbrough v. StateSupreme Court of Alabama · 1896
3Cited by11 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Montgomery v. StateAlabama Court of Appeals · 1920
- Patton v. StateSupreme Court of Alabama · 1916
- Thomas v. StateSupreme Court of Alabama · 1907
- Patterson v. StateSupreme Court of Alabama · 1909
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