Mayberry v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. N. D. Henson, Judge. ■ The appellant ivas indicted, tried and convicted for car tying a pistol concealed about his person.' The testimony for the State tended to show that the defendant ivas guilty as charged in the indictment; while the defendant’s testimony was in direct conflict with that of the State, and tended to show that at "the time specified, he did not have a pistol concealed about his person.
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Appeal from the Circuit Court of Bibb. Tried before the Hon. N. D. Henson, Judge. ■ The appellant ivas indicted, tried and convicted for car tying a pistol concealed about his person.' The testimony for the State tended to show that the defendant ivas guilty as charged in the indictment; while the defendant’s testimony was in direct conflict with that of the State, and tended to show that at "the time specified, he did not have a pistol concealed about his person. The State introduced one Eády as a witness, who testified that he ivas standing 45 or 50 yards from the defendant, and that he…
1Opinion of the CourtBRICIvELL, C. J.
The general rule is, that witnesses must testify to facts, and are not permitted to express mere matters of opinion. The rule lias its boundaries and exceptions, which are as well defined as the rule itself. Where a fact cannot be reproduced and made apparent to the jury, a witness may describe the fact according to the effect produced on his mind; or, if from the nature of a particular fact, better evidence is not attainable, the opinion of a witness derived from observation, is admissible. — l Whart. Ev. § 511; Lawson on Expert and Opinion Evidence, 460.
The principal fact to be proved was…
2Cases cited1 opinion
- Gandy v. HumphriesSupreme Court of Alabama · 1860
3Cited by38 opinions
- Nelson v. StateSupreme Court of Alabama · 1900
- McClain v. StateSupreme Court of Alabama · 1913
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Walker v. StateSupreme Court of Alabama · 1908
- Stinson v. StateSupreme Court of Alabama · 1931
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