Daniell v. State, 8 Div. 768
| Decision Date | 17 June 1954 |
| Docket Number | 8 Div. 768 |
| Citation | 73 So.2d 375,261 Ala. 145 |
| Parties | DANIELL v. STATE. |
| Court | Alabama Supreme Court |
Petition of Ray Daniell for writ of certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Daniell v. State, 73 So.2d 370. Our conclusion is that the writ is due to be denied.
In denying the writ we do not wish to be understood as approving the rule, discussed by the Court of Appeals, investing trial courts with discretion in admitting lay opinion evidence. Our view is that the testimony of witnesses Maze and Rowe as to the appearance of prosecutrix when they first saw her on the night in question was, in each instance, a 'collective statement' or 'shorthand rendering' of fact and, as such, was admissible. McPherson v. Martin, 234 Ala. 244, 247, 174 So. 791; Pollard v. Rogers, 234 Ala. 92, 97-101, 173 So. 881; Rowe v. Alabama Power Co., 232 Ala. 257, 259, 167 So. 324; Roan v. State, 225 Ala. 428, 433, 143 So. 454; Sullivan v. State, 102 Ala. 135, 142, 15 So. 264, 48 Am.St.Rep. 22; Watkins v. State, 89 Ala. 82, 88, 8 So. 134; Perry v. State, 87 Ala. 30, 33, 6 So. 425; Carney v. State, 79 Ala. 14, 18; Raisler v. Springer, 38 Ala. 703, 705, 82 Am.Dec. 736.
Writ denied.
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Faircloth v. State, 8 Div. 8
...rule. Brooks v. State, 57 Ala.App. 478, 329 So.2d 167 (1976); Daniell v. State, 37 Ala.App. 559, 73 So.2d 370, cert. denied, 261 Ala. 145, 73 So.2d 375 (1954) (admitted as part of the res gestae. See C. Gamble, McElroy's Alabama Evidence § 265.01(1) et seq. (3rd ed. 1977) ). As an exception......
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...Publishing Co. v. Davis, 271 Ala. 474, 124 So.2d 441 (1960); Daniell v. State, 37 Ala.App. 559, 73 So.2d 370, cert. denied, 261 Ala. 145, 73 So.2d 375 (1954); White v. State, 40 Ala.App. 378, 114 So.2d 325 (1959). See also, Gamble, McElroy's Alabama Evidence, § 127.01(4) for a valuable and ......
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...rule is "a fruitful producer of irreconcilable decisions," Daniell v. State, 37 Ala.App. 559, 73 So.2d 370, cert. denied, 261 Ala. 145, 73 So.2d 375 (1954), 1 we think that the general rule to be gleaned from these authorities is as follows: a witness will not be permitted to state his beli......
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Langford v. State, 4 Div. 320
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