Dickey v. State
| Decision Date | 19 October 1916 |
| Docket Number | 8 Div. 960 |
| Citation | 197 Ala. 610,73 So. 72 |
| Parties | DICKEY v. STATE. |
| Court | Alabama Supreme Court |
Certiorari to Court of Appeals.
Cecil Dickey was convicted of assault with intent to murder, and appealed to the Court of Appeals, where the judgment was affirmed (72 So. 608), and he brings certiorari. Certiorari denied.
Taylor & Watts, of Huntsville, and John A. Lusk & Son, of Guntersville, for appellant.
W.L. Martin, Atty. Gen., and H.G. Davis, Asst. Atty. Gen., for the State.
This court is of opinion that the defendant, on his cross-examination of the state's witness Butler, was entitled to have an answer to his questions as to how much and in what way he had contributed to a fund raised for use in the prosecution of the pending charge against defendant, and that a denial of that right would have been reversible error. However, the court finds, upon petitioner's statement of what occurred at the trial, that the witness denied making any contribution directly to the fund in question stating, in effect, that he had agreed to reimburse the municipality--which it seems was giving financial aid to the prosecution--to the extent of $25 for any sum it might spend on that account, and that this testimony went to the jury; in other words, that the petitioner (defendant) got the substance of all that he asked for, and hence that there was no reversible error. In respect to the other objections taken against the opinion and rulings of the Court of Appeals, this court thinks they do not require further treatment. We find no reversible error.
Certiorari denied.
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Hembree v. State
... ... 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 So. 223] ... "about the body" or "on the ... ...
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Higdon v. State
...the question of the witness' bias or interest. The refusal to allow such question has been held to be reversible error. Dickey v. State, 197 Ala. 610, 73 So. 72 (1916); Ham v. State, 21 Ala.App. 103, 105 So. 390 (1925); Hembree v. State, 20 Ala.App. 181, 101 So. 221 (1924); Davidson v. Stat......
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Williams v. State
... ... that he was a brother of the man, for assaulting whom ... defendant was on trial, and that he had helped employ ... counsel, which question was: "How much did you pay ... (counsel to assist the state in this case)?" was ... reversible error. Dickey v. State, 197 Ala. 610, 73 ... So. 72; Davidson v. State, 19 Ala.App. 77, 95 So ... 54; Hembree v. State, 20 Ala.App. 181, 101 So. 221; ... Ham v. State (Ala.App.) 105 So. 390 ... We are ... not allowed to say by our holding that we are of the opinion ... that the result of the ... ...
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Hunter v. State
...the question of the witness' bias or interest. The refusal to allow such question has been held to be reversible error. Dickey v. State, 197 Ala. 610, 73 So. 72 (1916); Ham v. State, 21 Ala.App. 103, 105 So. 390 (1925); Hembree v. State, 20 Ala.App. 181, 101 So. 221 (1924); Davidson v. Stat......