Gillman v. State
| Decision Date | 03 February 1910 |
| Citation | 165 Ala. 135,51 So. 722 |
| Parties | GILLMAN v. STATE. |
| Court | Alabama Supreme Court |
Appeal from City Court of Bessemer; William Jackson, Judge.
Mrs. W. P. Gillman was convicted of using abusive, insulting, or obscene language in the person or hearing of a woman, and she appeals. Reversed and remanded.
Pinkney Scott, for appellant.
Alexander M. Garber, for the State.
On her cross-examination as a witness in her own behalf the defendant was required to answer whether she had been convicted of an assault and battery in the mayor's court, by which, we take it, was meant that she had been convicted of the violation of an ordinance of the city of Bessemer punishing assault and battery. There are two reasons why this was error:
1. Section 4008 of the Code, relating to the competency and credibility of witnesses as affected by conviction for crime, contemplates only convictions for violations of the state laws, and not to convictions for violations of municipal ordinances. Cheatham v. State, 59 Ala. 40.
2. A mere assault and battery does not involve moral turpitude. Moral turpitude signifies an inherent quality of baseness, vileness, depravity. Assaults and batteries are frequently the result of transient ebullitions of passion, to which a high order of men are liable, and do not necessarily involve any inherent element of moral turpitude.
Reversed and remanded.
To continue reading
Request your trial
-
Bartos v. United States District Court
...whether a man whom they have formerly admitted is a proper person to be continued on the roll or not." See 16 C. J. 58; Gillman v. State, 165 Ala. 135, 51 So. 722; 27 Cyc. 912; Fort v. City of Brinkley, 87 Ark. 400, 112 S. W. None of the cases cited by the trial court in its opinion or by t......
-
Ledbetter v. State
......Title 7, Section 434, Code 1940. . . It. should be kept in mind that the provisions of the above. section relate solely to crimes involving moral turpitude. . . 'Moral. turpitude signifies an inherent quality of baseness,. vileness, depravity.' Gillman v. State, 165 Ala. 135, 51 So. 722. . . 'Moral. turpitude implies something immoral in itself, regardless of. the fact whether it is punishable by law. The doing of the. act itself, and not its prohibition by statute, fixes the. moral turpitude.' Fort v. Brinkley, 87 Ark. 400,. ......
-
Cottrell v. Nat. Collegiate Athletic Ass'n
...assault and battery' (assuming it is a part of the defamation charged). Dudley v. Horn, 21 Ala. 379 [(1852)]; Gillman v. State, 165 Ala. 135, 136, 51 So. 722 [(1910)]. `Infamy' is defined, by Black's Law Dictionary, Fourth Edition, "`INFAMY. A qualification of a man's legal status produced ......
-
Fidelity-Phenix Fire Ins. Co. of New York v. Murphy
...or by the verdict merely of the jury against the proposed witness, but by the judgment of the court thereupon." And in Gillman v. State, 165 Ala. 135, 51 So. 722, it declared of the statute (section 4008, Code 1907), that it related to the competency and credibility of witnesses affected by......