Carter v. State
| Decision Date | 05 June 1902 |
| Parties | CARTER v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Jackson county; J. A. Bilbro, Judge.
Ed Carter was convicted of assault with intent to murder, and he appeals. Reversed.
Chas G. Brown, Atty. Gen., for the State.
The defendant, Ed Carter, was indicted for an assault on James Galloway, with intent to murder him. On the trial, he was found guilty of an assault, and fined $50.
James Galloway, the party assaulted, testified that the defendant cut him with a knife, and to facts tending to show that the assault was felonious. Other evidence was introduced by the state, corroborative of this witness' evidence, and tending to establish the guilt of the accused.
The defendant introduced one George Cabaniss as a witness, whose evidence tended to show, that the defendant was not present at the time the state's witness, Galloway, testified that the defendant cut him, and that he was not guilty of the alleged assault.
On the cross-examination of this witness, after testifying that "he was pretty full that afternoon," the solicitor for the state asked him: "Did you not tell Reuben Brown about two weeks after the difficulty, on the roadside, near Thomas' sawmill, that Ed Carter (the defendant) told you he cut Jim Galloway, and showed you the knife with which he did it?" The witness answered, "No"
After the defendant closed his evidence the solicitor, in rebuttal, called Reuben Brown as a witness and asked him to "state whether or not George Cabaniss on the roadside, near Thomas' mill, two or three weeks after the difficulty, told him that Ed Carter, the next morning after the difficulty, told him (Cabaniss) that he (Ed Carter) cut Jim Galloway, and showed him a knife saying, 'Here is the knife that did the work.' " Defendant objected to this question on the ground that it called for illegal, irrelevant and hearsay evidence. The court overruled the objection, "and instructed the jury that the evidence would be received, not as evidence of the fact of the cutting, but as going only to the credibility of the testimony of the witness, Cabaniss, if the jury should believe he made such statements," and to this ruling, the only one presented for review, the defendant excepted.
The attempt to impeach the credibility of the witness, Cabaniss in the manner proposed on his cross-examination by the state, was as to matter wholly immaterial...
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