Carson v. State
| Decision Date | 16 January 1901 |
| Parties | CARSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from city court of Montgomery; A. D. Sayre, Judge.
Clarence Carson was convicted of murder in the second degree, and appeals. Affirmed.
On the trial of the cause, it was shown by the evidence that the defendant shot and killed one Brown with a pistol, the circumstances of the killing being proven. The defendant introduced several witnesses, who testified that they knew the general character of the defendant in the community in which he lived, and that said character for peace and quiet in the community was good. Upon the cross-examination of one of these witnesses, the state asked him the following question: "Did you ever know or hear of his getting drunk?" The defendant objected to this question, upon the ground that it was immaterial, irrelevant, and incompetent. The court overruled the objection, and the defendant duly excepted. Upon the cross-examination of another of the witnesses, testifying that the defendant's character for peace and quiet was good, he was asked the following question: "Did you ever hear of him carrying a concealed pistol?" The defendant objected to this question, upon the ground that it was irrelevant, immaterial and incompetent, and duly excepted to the court's overruling his objection. Upon the cross-examination, another witness, who had testified that the character of the defendant for peace and quietude in the community in which he lived was good, was asked the following question: "Did you ever hear of him having a difficulty?" to which question the witness answered that he had heard of the defendant's having a difficulty, and that he saw it. Upon the examination of this witness in rebuttal, the defendant asked him the following question: "State what the difficulty was." The state objected to this question which objection the court sustained, and the defendant duly excepted. The defendant then asked the witness several questions seeking to show the effects of the difficulty. To these questions the court sustained objections on the part of the state, and to each of these rulings the defendant separately excepted.
Hill & Hill, for appellant.
Chas G. Brown, Atty. Gen., for the State.
The evidence disclosed that the defendant was intoxicated at the time of the commission of the alleged crime. He put in issue his character for peace and quiet. The state was permitted against defendant's objection, upon cross-examination of certain witnesses testifying in his behalf and to his good character, to ask if they had not heard...
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Lowery v. State
... ... Carson v. State, 128 Ala. 58, 29 So ... 608; Williams v. State, 144 Ala. 14, 40 So. 405; Smith v. State, 103 Ala. 57, 15 So. 866. Such examination is also permitted for the purpose of either showing that the witness was mistaken in his estimate, or for shedding light on his estimate of such character ... ...
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Sorrell v. Scheuer
... ... [96 So. 218] ... or illustrate the accuracy of the witness' statements or ... memory. Stone v. State, 208 Ala. 50, 93 So. 706; ... Johnson v. State, 199 Ala. 255, 74 So. 366; ... Tapscott v. State, 18 Ala. App. 67, 88 So. 376 ... be clearly prejudicial to justify a reversal on appeal ... Patton v. State, 197 Ala. 180, 72 So. 401; Johnson ... v. State, supra; Carson v. State, 128 Ala. 58, 29 ... So. 608; Marler v. State, 68 Ala. 580; Cox v ... State, 162 Ala. 66, 50 So. 398; Ingram v ... State, 67 Ala. 67; ... ...
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Mullins v. State
... ... certain unworthy acts, naming them, but this even is not ... allowed for the purpose of affecting the character of the ... defendant, but as evidence affecting the credibility of the ... witness testifying to good character. Carson v ... State, 128 Ala. 58, 29 So. 608; Williams v ... State, 144 Ala. 14, 40 So. 405; Smith v. State, ... 103 Ala. 57, 15 So. 866. Such examination [31 Ala.App. 575] ... is also permitted for the purpose of either showing that the ... witness was mistaken in his estimate, or for shedding ... ...
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Andrews v. State
... ... v. State, 89 Ala. 146, 7 So. 750; Lowery v ... State, 98 Ala. 45, 49, 13 So. 498; Thompson v ... State, 100 Ala. 70, 71, 14 So. 878; Goodwin v ... State, 102 Ala. 88, 98, 15 So. 571; Smith v ... State, 103 Ala. 57, 70, 15 So. 866; Terry v ... State, 118 Ala. 80, 86, 23 So. 776; Carson v ... State, 128 Ala. 58, 60, 29 So. 608; Williams v ... State, 144 Ala. 14, 18, 40 So. 405. There was no error ... in overruling the objections to this question, and the three ... following ones, of the same tenor. The following question, ... also, as to whether the defendant had not been ... ...