Nicholson v. State
| Decision Date | 07 February 1907 |
| Citation | 149 Ala. 61,42 So. 1015 |
| Parties | NICHOLSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from City Court of Gadsden; John H. Disque, Judge.
Perry Nicholson was convicted of using abusive, insulting, or obscene language in the presence of a woman, and he appeals. Affirmed.
The defendant was indicted, tried, and convicted of using abusive, insulting, or obscene language in the presence of a woman. After the state had made out its main case, and had rested, and after the defendant had introduced its case, the state called one John Smallwood as a witness, and he was permitted, over the objection of the defendant, to testify to facts cumulative of the main case, and not in rebuttal to evidence introduced by the defendant. In making its argument to the jury, counsel for defendant argued that the jury might look to the fact, if it be a fact, that Mrs. Busbee was accustomed to using offensive language such as is complained of in this case to the defendant, in determining what the punishment of the defendant should be in the event they should find him guilty; that the law said the fact that a woman used profane language, and was accustomed to use of such language, to the defendant, was a circumstance the jury might look to in mitigation of the offense, and also that the fact that Mrs. Busbee boarded, for two or three weeks, women of notoriously bad character, was a fact that the jury might look to in weighing her evidence and in determining the character of Mrs. Busbee. In his closing argument, the solicitor said to the jury: The defendant objected to these statements of the solicitor, whereupon the court asked defendant's attorney to point out the remark of the solicitor to which he objected, and he pointed out the above. The court replied, in the hearing of the jury:
Boykin & Brindley, for appellant.
Massey Wilson, Atty. Gen., for the State.
The action of the trial court in permitting the state to examine the witness Smallwood, after the defendant had closed his...
To continue reading
Request your trial
-
Colston v. State
...State after defendant had rested. Williams v. State, 26 Ala.App. 531, 163 So. 663, cert. den. 231 Ala. 127, 163 So. 667; Nicholson v. State, 149 Ala. 61, 42 So. 1015; Payne v. State, 261 Ala. 74, So.2d In the instant case both sides had rested. However, no arguments had begun when the trial......
-
Jarrell v. State, 5 Div. 445.
... ... (especially when he is the witness) when impeaching evidence ... has been introduced or when the comment is pertinent to ... answer an argument made by opposing counsel. McDowell v ... State, 238 Ala. 482, 191 So. 894; Bardin v ... State, 143 Ala. 74, 38 So. 833; Nicholson v ... State, 149 Ala. 61, 42 So. 1015. But in this case the ... State did not attempt to show that the defendant had a bad ... reputation for peace and quiet, although, as before shown, a ... large number of witnesses testified that defendant's ... reputation for peace and quiet was good. Nor ... ...
-
Lambert v. State
...appear to have been abused by the court to the injury of the defendant, and the court will not be put in error therefor. Nicholson v. State, 149 Ala. 61, 42 So. 1015; Jackson v. State, 167 Ala. 44, headnotes 13 and 52 So. 835. During the argument of the case to the jury by the solicitor for......
-
Breedlove v. State, 7 Div. 890
...State After defendant had rested. Williams v. State, 26 Ala.App. 531, 163 So. 663, cert. den. 231 Ala. 127, 163 So. 667; Nicholson v. State, 149 Ala. 61, 42 So. 1015; Payne v. State, 261 Ala. 397, 74 So.2d Therefore, the court allowed the State to reopen its case without committing error. A......