Hurst v. State
| Citation | 31 So. 933,133 Ala. 96 |
| Parties | HURST v. STATE. |
| Decision Date | 24 April 1902 |
| Court | Supreme Court of Alabama |
Appeal from city court of Mobile; O. J. Semmes, Judge.
The appellant, Lee Hurst, was jointly indicted with Walter Jordan for the murder of Robert McWhorter. A severance was had, and Hurst was convicted of murder in the first degree, and appeals. Affirmed.
After proving the corpus delicti and the venue of the offense, the evidence for the state tended to show that the defendant, Lee Hurst, became involved in a difficulty with one White on a street in the city of Mobile; that White's brother came to his assistance, and the defendant then sent word to Walter Jordan to come and help him; that Jordan rushed out, drawing his pistol as he came; that the defendant then said "Wait until I come back, and we will fix them," and then ran down the street to the house of one Jack Mason, who was his cousin; that Jordan waited for the defendant, and that, as Hurst came running back, Jordan turned and began firing back at the crowd where White and his brother were standing; that Hurst attended him, and fired in the same direction; that McWhorter, a bystander, was shot through the head and killed; that it was uncertain as to whether Hurst or Jordan fired the fatal shot, but that McWhorter fell at the second shot that Jordan fired, and died instantly. The evidence for the defendant tended to show that when he had the difficulty with White and his brother he did not send for Jordan; that when Jordan came upon the scene the defendant had already gone down the street, and had no conversation whatever with Jordan; that the defendant, Hurst, did not at any time have a pistol, and did not fire during the difficulty in which McWhorter was killed; that Jordan fired the fatal shot, and the defendant uttered no words of encouragement or words to incite Jordan to shoot; that the defendant, Hurst, did run to the house of Jack Mason, and come back to the scene of the shooting, and was near Jordan while the shooting was going on. Upon the cross-examination of the defendant as a witness, he was asked by the solicitor the following question: The defendant objected to the question, on the ground that it called for the uncommunicated motive or intention of the witness. The court overruled the objection and the defendant duly excepted. Upon the defendant answering that...
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...an objection to the question made by the defendant. In this ruling we find no error. Williams' Case, 123 Ala. 39, 26 So. 521; Hurst's Case, 133 Ala. 96, 31 So. 933; Eatman's 139 Ala. 67, 36 So. 16. On cross-examination the defendant testified that he did not tell Mrs. Wheeler that he was go......
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