Jones v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. John R. Tyson. The appellant was indicted and tried for the murder of Amos Williams, was convicted of murder in the first degree, and sentenced to the penitentiary for life. There is but one question presented on the present appeal, and the facts pertaining thereto are sufficiently stated in the opinion. The State was not allowed to recall the witness who had been introduced by the defendant and cross-examine him.
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Appeal from the Circuit Court of Hale. Tried before the Hon. John R. Tyson. The appellant was indicted and tried for the murder of Amos Williams, was convicted of murder in the first degree, and sentenced to the penitentiary for life. There is but one question presented on the present appeal, and the facts pertaining thereto are sufficiently stated in the opinion. The State was not allowed to recall the witness who had been introduced by the defendant and cross-examine him. The State, therefore, caused said witness to be resworn and then examined him. By so doing it endorsed him, and the…
1Opinion of the CourtHaralson, J.
Dolphus Smith had been examined as a witness by the defendant, who testified to facts .tending to show an alibi. Albert Johnson, a witness for defendant, testified to a fact tending to show that Dolphus Smith might have killed the deceased. After the defendant had closed, the State recalled the said witness, Dolphus Smith, who was again sworn, and was asked by the solicitor, “Did you kill Amos Thomas?” to which question, the witness replied, “No, sir.”
The defendant requested the court to charge the jury, “that when the State called Adolphus Smith, as a witness, and put him on the stand and…
2Cited by6 opinions
- Lacey v. StateAlabama Court of Appeals · 1915
- William K. Powell v. Martin J. Wiman, Warden of Kilby Prison Montgomery, AlabamaCourt of Appeals for the Fifth Circuit · 1961
- Hammond v. StateSupreme Court of Alabama · 1906
- Oates v. GloverSupreme Court of Alabama · 1934
- Phœnix Assurance Co. v. McAuthorSupreme Court of Alabama · 1897
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