McDaniel v. State
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. John B. Tally. The defendant was convicted of tbe murder of Henry Tracy, and tlie testimony for the State showed that tbe defendant went to tbe gate near Tracy’s bouse aud after calling for tbe deceased to come out to see him, got into a quarrel about some reports wbicb be charged deceased with circulating about Mm, and iu tbe difficulty, shot deceased in tbe back.
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Appeal from Cherokee Circuit Court. Tried before Hon. John B. Tally. The defendant was convicted of tbe murder of Henry Tracy, and tlie testimony for the State showed that tbe defendant went to tbe gate near Tracy’s bouse aud after calling for tbe deceased to come out to see him, got into a quarrel about some reports wbicb be charged deceased with circulating about Mm, and iu tbe difficulty, shot deceased in tbe back. The testimony for tbe defendant tended to show that defendant went to Tracy’s bouse at tbe request of deceased, to talk tbe matter over and tliat tbe fatal shots were fired…
1Opinion of the CourtHead, J.
— If there was an irregularity in setting this cause down for trial, as appellant’s counsel contends, it was waived. Appellant went to trial without insisting upon the irregularity and can not now, for the first time, he heard to complain of it.
*16The appellant made himself a witness, in his own behalf, and testified generally touching the facts of the case. Subsequently, State’s witness Lawrence was asked by the solicitor whether he knew defendant’s general character in the community in which he lives. “To this question defendant objected, because 1st: It is irrelevant; 2nd. It is immaterial.…
2Cases cited1 opinion
- Mitchell v. StateSupreme Court of Alabama · 1891
3Cited by23 opinions
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
- Bell v. StateSupreme Court of Alabama · 1896
- Reid v. StateSupreme Court of Alabama · 1910
- Harwell v. StateAlabama Court of Appeals · 1915
- Fields v. StateSupreme Court of Alabama · 1898
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