Pittman v. State

• Citation: 153 Ala. 1,45 So. 245
• Parties: PITTMAN v. STATE.
• Decision Date: 19 December 1907
• Court: Alabama Supreme Court

45 So. 245

153 Ala. 1

PITTMAN v. STATE.

Supreme Court of Alabama

December 19, 1907

Appeal from Circuit Court, Monroe County; John T. Lackland, Judge.

Walter Pittman was convicted of an assault and battery, and he appeals. Affirmed.

See 42 So. 993.

The defendant was indicted for assault with intent, and convicted of assault and battery. The bill of exceptions shows with reference to Stallworth the following: "The defendant then offered to introduce as a witness in his own behalf B H. Stallworth, court bailiff. The solicitor objected to the witness testifying to anything except the good character of defendant, upon the ground that he had not been called and sworn as a witness for the defendant at the time the other witnesses were called and sworn, and upon the further ground that he had heard the testimony of the witnesses for the state; that the said Stallworth was not sworn and put under the rule with the other witnesses. Defendant's attorney stated to the court that he had just learned that Mr Stallworth was in possession of some material facts which he wished to prove; that this information had come to him only a few minutes before he offered to introduce the witness. The witness was sworn, and stated that he had been in and out of the courthouse during the trial of the case; that he had heard portions of the testimony of the witnesses Alice and J S. Collins for the state, but had not heard any of the testimony of Tiny Collins. Thereupon the court sustained objections of solicitor and declined to permit the witness to testify, and the defendant duly excepted." While the defendant was testifying for himself, defendant's counsel asked him: "Was there any conversation between Mr Collins and yourself in regard to the tracks around the window that morning after you returned to the house?" And "Did they accuse you of having gone into that room?" And "What conversation, if any, took place between you and Mr. Collins at his house the next morning when you returned there?" In arguing the case the defendant's attorneys called the attention of the jury to the manner in which the sister of the prosecutrix testified on the stand, and to the fact that she smiled when she looked at and referred to the defendant. The solicitor in his closing remarks said: "Gentlemen of the jury, I did not see that girl. You may have seen it; but I will tell you what I saw. I saw great tears in the eyes of that girl while she was testifying." Exception was reserved to this argument. The two charges referred to required the acquittal of the higher offense charged.

Barnett & Bugg, for appellant.

Alexander M. Garber, Atty. Gen., for the State.

TYSON C.J.

If under any circumstances defendant was entitled to adduce the testimony of Stallworth, the...