Brown v. State
| Citation | 18 Ala.App. 91,90 So. 54 |
| Decision Date | 05 April 1921 |
| Docket Number | 8 Div. 827 |
| Parties | BROWN v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Morgan County Court; W.T. Lowe, Judge.
Fred Brown was convicted of carrying a concealed weapon, and appeals. Reversed and remanded.
S.A. Lynne, of Decatur, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
On the trial of this case in the court below the state introduced only one witness. T.W. McCuthra, and upon the testimony of this witness relied for a conviction. On cross-examination of this witness the court would not allow the defendant to prove that the witness had a pecuniary interest in the result of the trial and in the conviction of this defendant. This ruling was error and in direct conflict with the general rule which provides that on cross-examination of a witness any fact may be elicited which tends to show bias or partiality; the purpose of the rule being that, if the witness is interested in the result of the trial, the jury may weigh his testimony in the light of such interest. It matters not if the interest so shown is based upon hatred or friendship, or upon financial or other reasons. John Tapscott v. State, 88 So. 376, and cases cited. See, also, John Byrd v. State, 17 Ala.App. 301, 84 So. 777.
Reversed and remanded.
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Dixon v. State
...trial court to refuse appellant's written charge which we have numbered 4. Shepard v. State, 20 Ala.App. 627, 104 So.674; Brown v. State, 18 Ala.App. 91, 90 So. 54. 'The substance of the charge was not, in our opinion, sufficiently included in the oral charge of the court, or in the written......
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Shepard v. State
...The substance of the refused charge was not covered by the oral charge or otherwise. Its refusal therefore was error. Brown v. State, 18 Ala.App. 91, 90 So. 54; Byrd v. State, 17 Ala.App. 301, 84 So. 777, and cited. For the errors pointed out the judgment of conviction appealed from is reve......
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Layton v. State
... ... the event the defendant was convicted. Code 1923,§ 4626 ... Consequently it was prejudicial error for the trial court to ... refuse appellant's written charge which we have numbered ... 4. Shepard v. State, 20 Ala.App. 627, [22 Ala.App ... 524] 104 So. 674; Brown v. State, 18 Ala.App. 91, 90 ... The ... substance of the charge was not, in our opinion, sufficiently ... included in the oral charge of the court, or in the written ... charges given at appellant's request, to render its ... refusal harmless error ... The ... issues in ... ...
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