Beavers v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. The facts of this case, are sufficiently stated in the opinion. The court erred in overruling defendant’s objection to the question asked the witness Crowder. — McKelton v. State, 86 Ala. 594. The portion of the court’s charge in reference to what is essential to prove an alibi was clearly erroneous. — McAnally v.'State, 74 Ala. 91; Albritton v. State, 94 Ala. 76.
1Opinion of the CourtHead, J.
Appellant was convicted of murder and sentenced to imprisonment in the penitentiary for life. One Oscar Crowder, a son of deceased, testified that he was with his father in a certain corn-field when the latter was shot by some one hid in the woods or bushes near by. As soon as the gun fired, he raised up, and seeing his father fall over, he turned around and saw a man in the act of running. He stepped to the left to see if he could see him and tell who he was ; and stepping 5 or 6 steps saw the man running. Until then the smoke and *38bushes prevented his seeing him. He looked at the man as he…
2Cases cited3 opinions
- McAnally v. StateSupreme Court of Alabama · 1883
- Pate v. StateSupreme Court of Alabama · 1891
- Albritton v. StateSupreme Court of Alabama · 1891
3Cited by11 opinions
- Aaron v. StateSupreme Court of Alabama · 1961
- People v. BarbatoNew York Court of Appeals · 1930
- Watson v. AdamsSupreme Court of Alabama · 1914
- Yarbrough v. StateSupreme Court of Alabama · 1894
- Patton v. StateSupreme Court of Alabama · 1916
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