Cunningham v. State

Decision Date04 May 1922
Docket Number7 Div. 223.
Citation93 So. 446,207 Ala. 433
CourtAlabama Supreme Court

Appeal from Circuit Court, Talladega County; S.W. Tate, Special Judge.

Teague Cunningham was convicted of murder in the first degree, and he appeals. Affirmed.

C. S Ellis, of Talladega, for appellant.

Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.


The defendant was tried and convicted of murder in the first degree, and by its verdict the jury fixed his punishment at death.

The judgment entry was sufficient, and no question was reserved to review the action of the court with respect to venire etc. Anderson v. State (Ala. App.) 93 So. 68.

The predicate was sufficient to admit deceased's declaration that he identified the defendant as the one who inflicted the injury from which deceased died shortly thereafter. Curry v. State, 203 Ala. 239, 82 So. 489.

At the time the question was sought to be propounded by defendant "Now what per cent. [alcohol] does that show on the label there?"-referring to a bottle of extract produced in court-no sufficient evidence had been introduced to render the answer relevant, nor was the court informed of defendant's theory whereby other evidence was expected to be introduced that would render the evidence sought to be elicited relevant. The fact that evidence was thereafter introduced by defendant that, when arrested, a bottle of extract was found on him, and that he was under the influence of intoxicants, was not sufficient to identify the bottle exhibited to witness Dr. Dixon, and of which he was sought to be interrogated as stated. Moreover, the bottle of extract was not introduced in evidence, and, if so, the label thereon was the better evidence of its content. There was no error in declining like question by defendant to witness Wren.

Charges 12 and 13, refused to defendant, sought to instruct the jury that, under the evidence, deceased was not authorized to arrest, or attempt to arrest, the defendant, and that in making such attempt he was committing a trespass on the person of defendant. The charges were properly refused. Witness Atkins testified that the value of the sweater supposed to have been stolen by defendant from the storehouse was of more than $5 in value, and the testimony was such that it authorized the reasonable inference that the sweater was stolen by defendant from the store in which Atkins was at the time clerking. This circumstance, if believed by the jury,...

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8 cases
  • Morgan Hill Paving Co. v. Fonville
    • United States
    • Alabama Supreme Court
    • December 6, 1928
    ... ... Clanton, there was a detour road, and there was placed just ... south of said detour road a detour sign by the direction of ... the state highway department of the state of Alabama, which ... said sign was placed at, to wit, halfway of the paved portion ... of said highway; that for, ... execute a contract, or to do any affirmative act which ... affects the state's political or property rights ... Cunningham v. Macon & B.R. Co., 109 U.S. 446, 27 ... L.Ed. 992, 3 S.Ct. 292, 609; North Carolina v ... Temple, 134 U.S. 22, 33 L.Ed. 849, 10 S.Ct. 509; ... ...
  • Jarvis v. State
    • United States
    • Alabama Supreme Court
    • January 25, 1930
    ...115 So. 297; Morton v. State, 206 Ala. 300, 89 So. 655; Banks v. State, 207 Ala. 179, 184, 93 So. 293, 24 A. L. R. 1359; Cunningham v. State, 207 Ala. 433, 93 So. 446; McCullars v. State, 208 Ala. 182, 94 So. The pistol and cartridges offered in evidence were "sufficiently identified" by Mo......
  • Stone v. State
    • United States
    • Alabama Supreme Court
    • June 29, 1922
    ... ... Morrissette v. State, 16 Ala. App. 32, 75 So. 177 ... The ... fact that the accused was under arrest at the time of the ... confession did not render his declarations inadmissible, ... after a proper predicate had been laid. Curry v ... State, 203 Ala. 239, 82 So. 489; Cunningham v. State ... (Ala. Sup.) 93 So. 446; 4 Mich. Dig. Ala. Rep. p. 246, § ... 350 (3). The duty of determining whether an admission or ... confession of the defendant was voluntary rests with the ... trial court; and when, after inquiry, the court determines ... the admissibility, the jury must ... ...
  • Johnson v. State
    • United States
    • Alabama Court of Appeals
    • April 10, 1951
    ...the legal custody of the defendant. Dyer v. State, 241 Ala. 679, 4 So.2d 311; Curry v. State, 203 Ala. 239, 82 So. 489; Cunningham v. State, 207 Ala. 433, 93 So. 446; Stone v. State, 208 Ala. 50, 93 So. 706; Logan v. State, 251 Ala. 441, 37 So.2d Counsel for defendant last stress in his bri......
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