Pointer v. State
| Decision Date | 12 December 1968 |
| Docket Number | 7 Div. 802 |
| Citation | 283 Ala. 320,216 So.2d 713 |
| Parties | Bill POINTER v. STATE of Alabama. |
| Court | Alabama Supreme Court |
Jas. D. Pruett, Gadsden, for appellant.
MacDonald Gallion, Atty. Gen., and Marlin Mooneyham, Asst. Atty. Gen., for the State.
This is a prosecution for arson. The defendant was convicted and sentenced to the penitentiary for life. He has appealed.
The case must be reversed under the authority of Colvin v. State, 247 Ala. 55, 22 So.2d 548. In that case it was held that the conviction for arson must be reversed because the trial court permitted an expert to testify that the fire was of incendiary origin. In reversing, this court said, . The same is true here. In this case the State's expert testified that in his opinion the fire was of incendiary origin and was 'set' which was the ultimate issue to be decided by the jury. For allowing this testimony, the conviction must be reversed, and the case remanded.
Reversed and remanded.
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Bell v. State
...this answer. It is a general principle of evidence that a witness may not testify to the ultimate issue in the case. Pointer v. State, 283 Ala. 320, 216 So.2d 713 (1968) (fire of incendiary origin was set); Colvin v. State, 247 Ala. 55, 22 So.2d 548 (1945) (fire of incendiary origin); Spoon......
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Meadows v. State
...as follows: "It is a general principle of evidence that a witness may not testify to the ultimate issue in the case. Pointer v. State, 283 Ala. 320, 216 So.2d 713 (1968) (fire of incendiary origin was set); Colvin v. State, 247 Ala. 55, 22 So.2d 548 (1945) (fire of incendiary origin); Spoon......
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Moreland v. State
...used. This was the ultimate fact in the case. This would not be the subject of expert testimony." See also Pointer v. State, 283 Ala. 320, 216 So.2d 713 (1968). The defendant's objection was specific and due to be Betty Moreland testified as a prosecution witness that during the evening of ......
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