Hyche v. State
| Decision Date | 03 November 1927 |
| Docket Number | 6 Div. 32 |
| Citation | 217 Ala. 114,114 So. 906 |
| Parties | HYCHE v. STATE. |
| Court | Alabama Supreme Court |
Rehearing Denied Jan. 12, 1928
Certiorari to Court of Appeals.
Lee Hyche was convicted of murder in the second degree, and he appealed to the Court of Appeals. The judgment of conviction was affirmed (113 So. 644), and defendant brings a petition for certiorari to review and revise the judgment of the Court of Appeals. Writ denied.
L.D. Gray, of Jasper, for petitioner.
Charlie C. McCall, Atty. Gen., opposed.
Conceding the contention of the petitioner, that the evidence was without conflict as to the number and location of the gunshot wounds on the body of the deceased, caused by the two loads of buckshot fired at him by the defendant, this did not render inadmissible the bloodstained articles of clothing put in evidence by the state over petitioner's objection. These articles were shown to have been perforated by the buckshot that caused deceased's death, and the fact that this evidence tended to excite prejudice or enlist sympathy on the part of the jury was not a ground for its exclusion. It tended to corroborate, illustrate, and elucidate the other testimony offered by the state touching these questions, and this was enough to justify its admission. Rollings v. State, 160 Ala. 82, 49 So. 329.
We are of opinion that the Court of Appeals has properly differentiated the case at bar from the case of Boyette v. State, 215 Ala. 472, 110 So. 812, and other cases of like import, and the writ of certiorari will be denied.
Writ denied.
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Barbour v. State
...error.' Weems v. State, 222 Ala. 346, 347, 132 So. 711, 713; Hyche v. State, 22 Ala.App. 176, 113 So. 644, certiorari denied 217 Ala. 114, 114 So. 906; Pierce v. State, 28 Ala.App. 40, 178 So. The appellant insists that the admission in evidence of these articles of clothing was error and r......
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Suhay v. United States, 1589.
...shots came, or to prove or elucidate any other matter material to the inquiry. State v. Willis, 152 La. 784, 94 So. 395; Hyche v. State, 217 Ala. 114, 114 So. 906; People v. Wright, 89 Mich. 70, 50 N.W. 792; Dobbs v. State, 39 Okl.Cr. 368, 265 P. 661; People v. Wilson, 342 Ill. 358, 174 N.E......
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Benton v. State
... ... introduced in evidence before the jury without error ... Smith v. State, 183 Ala. 10, 62 So. 864; ... Rollings v. State, 160 Ala. 82, 49 So. 329; ... Watkins v. State, 89 Ala. 82, 8 So. 134; Letson ... v. State, 215 Ala. 229, 110 So. 21; Hyche v ... State, 217 Ala. 114, 114 So. 906. The holding in the ... case of Boyette v. State, 215 Ala. 472, 110 So. 812, ... of course is without application here ... Deceased being admittedly shot by appellant with a pistol, we ... find no fault with the admission into the ... ...
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Wilson v. State
...error." Weems v. State, 222 Ala. 346, 347, 132 So. 711, 713; Hyche v. State, 22 Ala.App. 176, 113 So. 644, certiorari denied 217 Ala. 114, 114 So. 906; Pierce v. State, 28 Ala.App. 40, 178 So. Under the rule of the foregoing authorities, then, the photographs were relevant and, even though ......