Davidson v. State
| Decision Date | 09 January 1923 |
| Docket Number | 6 Div. 34. |
| Citation | Davidson v. State, 19 Ala.App. 77, 95 So. 54 (Ala. App. 1923) |
| Parties | DAVIDSON v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Walker County; T. L. Sowell, Judge.
John Davidson was convicted of the offense of using abusive insulting, or obscene language in the presence or hearing of a woman, and he appeals.Reversed and remanded.
Leith & Powell, of Jasper, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
One White, who was the stepfather of the girl before whom the language complained of was alleged to have been used, while being examined as a witness by the state, testified that he had employed Mr. Gray (who was then acting for the state) to prosecute the defendant.On cross-examination defendant's counsel asked how much he agreed to pay Mr. Gray.The court sustained an objection to this question.The defendant was entitled to know the extent of the witness' interest in the prosecution, as evidenced by the amount of money he was willing to pay towards the prosecution.
It was a question for the jury on the evidence to say whether the words alleged to have been used were insulting, and as to whether they were obscene depended upon the purport of their meaning as used in this particular case."Obscene,"...
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Ingle v. State
...the defendant but the amount contributed as well. Dickey v. State, 15 Ala.App. 135, 140, 72 So. 608 (1916). See also Davidson v. State, 19 Ala.App. 77, 78, 95 So. 54 (1923) ("The defendant was entitled to know the extent of the witness' interest in the prosecution, as evidenced by the amoun......
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State v. Jester
... ... Inquiry ... may be made tending to show the interest, animus, bias or ... prejudice of the witness. For such purpose the evidence is ... not collateral, but direct. (Pryor v. State (Okla ... Cr.), 257 P. 335; Hembree v. State, 20 Ala ... App. 181, 101 So. 221; Davidson v. State, 19 Ala. App. 77, 95 ... A ... memorandum made only for the purposes of the trial is not a ... sufficient basis for testimony. (C. S., sec. 8033; Downs ... v. Downs (Iowa), 102 N.W. 431.) ... Extraneous ... matters brought before the jury and considered while ... ...
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Carroll v. State, 8 Div. 989
...in this opinion. The language used by petitioner may very well have been obscene and profane within the meaning of Davidson v. State, 19 Ala.App. 77 at 78, 95 So. 54 (1923) defining "obscene" as that which is offensive to chastity and modesty, and Slaughter v. State, 47 Ala.App. 634 at 637,......
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Hembree v. State
... ... interest. The amount paid or promised by witness to an ... attorney, specially employed for the prosecution of ... defendant, would have direct relation to the question of his ... bias or interest. We think that the court erred in refusing ... to allow this in evidence. Davidson v. State (Ala ... App.) 95 So. 54; Dickey v. State, 197 Ala. 610, ... 73 So. 72 ... It is ... material after introduction of evidence tending to establish ... a plea of self defense that the deceased at the time of the ... difficulty was intoxicated. The odor of whisky ... [101 ... ...