Glover v. State, 8 Div. 14

CourtSupreme Court of Alabama
Writing for the CourtSAYRE, J.
Citation200 Ala. 384,76 So. 300
Decision Date14 June 1917
Docket Number8 Div. 14
PartiesGLOVER v. STATE.

76 So. 300

200 Ala. 384

GLOVER
v.
STATE.

8 Div. 14

Supreme Court of Alabama

June 14, 1917


Appeal from Circuit Court, Lauderdale County; C.P. Almon, Judge.

Volley Glover, alias, etc., was convicted of murder in the first degree, and appeals. Affirmed.

A.A. Williams, of Florence, for appellant.

W.L. Martin, Atty. Gen., and P.W. Turner, Asst. Atty. Gen., for the State. [76 So. 301]

SAYRE, J.

Defendant named no person in the statements admitted in evidence against him and made the subject of argument by his counsel on this appeal; but, in the circumstances, it was a question of fact, to be determined by the jury, whether the threat to be implied therefrom was intended for or directed against the deceased. Ford v. State. 71 Ala. 385; Jordan v. State, 79 Ala. 9; Knight v. State, 160 Ala. 58, 49 So. 764. Defendant's statements were a clear declaration of readiness for a combat with some definite, though unnamed, person, in which deadly weapons would be used; and these facts, which the evidence went to prove, viz., that defendant had had a difficulty with deceased, on account of which he harbored ill will, and that a few minutes later he sought a difficulty with deceased, in which he used the weapon to which his statements referred--these tendencies of the related evidence--brought the testimony to which defendant objected within the rules of the cases cited above.

The court sustained the state's objection to defendant's question, put to the witness Stutts, asking whether or not Wash Wright, the deceased, was in the habit of carrying a pistol. The objection was that the question called for illegal, incompetent, and immaterial evidence, and that, if deceased had such habit, it had not been shown that defendant knew it. There was no error in the ruling. The testimony for the defendant tended to make out a case of self-defense, and as part and parcel of that defense that deceased was in the act of drawing a weapon when defendant fired the fatal shot. Without denying that, in connection with evidence tending to show that defendant knew deceased was in the habit of carrying a pistol, this testimony would have been admissible under the authority of Wiley v. State, 99 Ala. 146, 13 So. 424, Naugher v. State, 116 Ala. 463, 23 So. 26, and Cawley v. State, 133 Ala. 128, 32 So. 227, cases cited by appellant, it will suffice to answer the charge of error on this point to note that, if the jury accepted the state's evidence to the effect that deceased had no weapon, the evidence...

To continue reading

Request your trial
19 practice notes
  • Smitherman v. State, 1 Div. 450
    • United States
    • Alabama Court of Criminal Appeals
    • 8 Septiembre 1987
    ...opinions of Agent Shockley and District Attorney Norton that Springfield was untruthful would have been inadmissible, see Glover v. State, 200 Ala. 384, 385, 76 So. 300 (1917), and neither man could properly have stated that he would not believe Springfield under oath unless he had first te......
  • Lamb v. State
    • United States
    • United States State Supreme Court of Florida
    • 19 Diciembre 1925
    ...the deceased individually. Harrison v. [90 Fla. 848] State, 79 Ala. 29; Williams v. State, 41 So. 992, 147 Ala. 10; Glover v. State, 76 So. 300, 200 Ala. 384; Underhill's Crim. Ev. (3d Ed.) 731. The relevancy of threats depends largely upon the light they shed on previous malice or premedit......
  • Stone v. State, 8 Div. 399.
    • United States
    • Supreme Court of Alabama
    • 29 Junio 1922
    ...13 Ala. 718; Childs v. State, 55 Ala. 28; Ph nix Ins. Co. v. Moog, 78 Ala. 284, 56 Am. Rep. 31; and later cases are Glover v. State, 200 Ala. 384, 385, 76 So. 300; Roberson v. State, 175 Ala. 15, 57 So. 829; Smith v. State, 13 Ala. App. 399, 69 So. 402. It is a question of defendant's chara......
  • Singley v. State, 2 Div. 287
    • United States
    • Supreme Court of Alabama
    • 28 Junio 1951
    ...negative testimony as to good character was erroneous and requires a reversal of this cause. Hussey v. State, supra; Glover v. State, 200 Ala. 384, 76 So. 300; Stone v. State, 208 Ala. 50, 93 So. 706; Riley v. State, 216 Ala. 536, 114 So. 12; Dyess v. State, 224 Ala. 610, 141 So. 662; Evera......
  • Request a trial to view additional results
19 cases
  • Smitherman v. State, 1 Div. 450
    • United States
    • Alabama Court of Criminal Appeals
    • 8 Septiembre 1987
    ...opinions of Agent Shockley and District Attorney Norton that Springfield was untruthful would have been inadmissible, see Glover v. State, 200 Ala. 384, 385, 76 So. 300 (1917), and neither man could properly have stated that he would not believe Springfield under oath unless he had first te......
  • Lamb v. State
    • United States
    • United States State Supreme Court of Florida
    • 19 Diciembre 1925
    ...the deceased individually. Harrison v. [90 Fla. 848] State, 79 Ala. 29; Williams v. State, 41 So. 992, 147 Ala. 10; Glover v. State, 76 So. 300, 200 Ala. 384; Underhill's Crim. Ev. (3d Ed.) 731. The relevancy of threats depends largely upon the light they shed on previous malice or premedit......
  • Stone v. State, 8 Div. 399.
    • United States
    • Supreme Court of Alabama
    • 29 Junio 1922
    ...13 Ala. 718; Childs v. State, 55 Ala. 28; Ph nix Ins. Co. v. Moog, 78 Ala. 284, 56 Am. Rep. 31; and later cases are Glover v. State, 200 Ala. 384, 385, 76 So. 300; Roberson v. State, 175 Ala. 15, 57 So. 829; Smith v. State, 13 Ala. App. 399, 69 So. 402. It is a question of defendant's chara......
  • Singley v. State, 2 Div. 287
    • United States
    • Supreme Court of Alabama
    • 28 Junio 1951
    ...negative testimony as to good character was erroneous and requires a reversal of this cause. Hussey v. State, supra; Glover v. State, 200 Ala. 384, 76 So. 300; Stone v. State, 208 Ala. 50, 93 So. 706; Riley v. State, 216 Ala. 536, 114 So. 12; Dyess v. State, 224 Ala. 610, 141 So. 662; Evera......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT