Everage v. State
| Decision Date | 02 February 1897 |
| Citation | 21 So. 404,113 Ala. 102 |
| Parties | EVERAGE ET AL. v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Crenshaw county; John R. Tyson, Judge.
Dick Everage and others were convicted of conspiring to commit an assault, and of an assault committed in pursuance of the conspiracy, and appeal. Reversed.
Gamble & Bricken, for appellants.
Wm. C. Fitts., Atty. Gen., for the State.
The issue being whether the defendants agreed and conspired together to whip Jack Cox, the witness Dave King testified as follows: ' And the witness Tisdale testified, in substance, that, soon after the alleged whipping of Jack Cox, Dick Everage told him that "he belonged to a band bound by oath to whip sassy negroes"; and that Furney Everage, some of the Reeves boys, Luke Hardin, George and Jess Reeves, who are defendants, also belonged to this band. The defendants' counsel moved severally to exclude the testimony of these witnesses as to all the defendants except Dick Everage, and also for an instruction to the jury limiting such testimony to Dick Everage. These motions were overruled. Manifestly the effect and operation of this evidence should have been limited to the defendant who made the statements deposed to, as they were not made in the prosecution of the objects of the conspiracy alleged, but after such conspiracy had been carried out, and the purposes of the unlawful combination had been accomplished, and none of the other alleged conspirators were present when they were made. The court erred in declining to so limit the effect of this evidence. The other rulings below complained of here are free from error. Reversed and remanded.
To continue reading
Request your trial
-
Fidelity-Phenix Fire Ins. Co. of New York v. Murphy
... ... It ... was offered by defendant for the purpose of disqualifying ... plaintiff as a witness. The case of State ex rel ... Sanford, Solicitor, v. Riddle, 213 Ala. 430, 105 So ... 259, presented for application a different statute from ... section 7722 of ... interest on Roddy's part, it was not admissible evidence ... as affecting others of the alleged conspiracy. Everage et ... al. v. State, 113 Ala. 102, 21 So. 404; Ferguson v ... State, 134 Ala. 63, 32 So. 760, 92 Am.St.Rep. 17; ... National Park Bank v ... ...
-
Bachelor v. State
...affirmation was voluntarily made. Delaney v. State, 204 Ala. 685, 87 So. 183; Rowlan v. State, 14 Ala.App. 17, 70 So. 953; Everage v. State, 113 Ala. 102, 21 So. 404; Blair v. State, 211 Ala. 53, 99 So. 314; v. State, 171 Ala. 19, 55 So. 159; Whitehead v. State, 16 Ala.App. 427, 78 So. 467.......
-
Ingle v. State
...is reversible error. Delaney v. State, 204 Ala. 685, 87 So. 183 (1920); James v. State, 115 Ala. 83, 22 So. 565 (1897); Everage v. State, 113 Ala. 102, 21 So. 404 (1897); Gore v. State, 58 Ala. 391 (1877); Guntharp v. State, 54 Ala.App. 363, 308 So.2d 722, cert. quashed, 293 Ala. 756, 308 S......
-
Edwards v. State
...conspirators were present when they were made. The court erred in declining to so limit the effect of this evidence.' Everage v. State, 113 Ala. 102, 103, 21 So. 404. 'The appellant was indicted and convicted of robbery. On the trial one James Bowling, who had pleaded guilty and was not on ......