Sampson v. State

Decision Date20 May 1924
Docket Number8 Div. 98.
Citation19 Ala.App. 671,100 So. 305
PartiesSAMPSON v. STATE.
CourtAlabama Court of Appeals

Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge.

Lonnie Sampson was convicted of an assault with a knife, and appeals. Affirmed.

Orr & Killcrease, of Albertville, for appellant.

Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.

SAMFORD J.

Motion was made in this case to retax certain costs incurred by the state in having summoned certain witnesses not examined. Courts cannot judicially know for what purposes witnesses are summoned, or that such witnesses were in excess of those allowed by statute. In a case of the character of the one on trial, the evidence sometimes takes a wide range, and the solicitor in preparing the case for trial is permitted to anticipate defenses within legitimate bounds. In the absence of evidence convincing the court that the witnesses, whose costs were sought to be retaxed, were unnecessary or in excess of the statutory limits, the motion to retax was properly overruled. Barnard v. State, 71 Ala. 15.

While the injured party was being examined as a witness, the solicitor asked this question: "Did the cut reach the cavity?" The objection to this was general, not stating any grounds. The question was not subject to a general objection. Moreover, the answer could not have been prejudicial, as the witness immediately described the wound, stating the facts, from which the jury could draw its own conclusion, without answering the question objected to.

The court properly permitted the injured party to testify as to his age. Anderson v. State, 209 Ala. 36, 95 So. 171.

The clothes worn by the injured party at the time of the injury are admissible as part of the res gestæ.

On cross-examination of the injured party, defendant's counsel asked several questions seeking to prove that just prior to the time the alleged attack was made, the witness was sitting in his house "brooding" over a difficulty had between witness and defendant the "evening before." The court sustained the state's objections to these questions, and defendant excepted. At that time there was no evidence of an overt act on the part of the witness, and no semblance of testimony as to self-defense on the part of defendant. Under the facts as they appeared, the action of defendant in assaulting witness was without any provocation. After the defendant had introduced evidence tending to show self-defense, or if counsel had informed the court as to what he expected the evidence later to develop, the testimony called for might have been relevant;...

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5 cases
  • Hyche v. State
    • United States
    • Alabama Court of Appeals
    • 30 Junio 1927
    ... ... State, 191 Ala. 21, 68 So. 57; ... Terry v. State, 203 Ala. 99, 82 So. 113; Ex parte ... Fuller, 200 Ala. 697, 76 So. 995; Hutchens v. State, ... 207 Ala. 126, 92 So. 409; Locklear v. State, 17 ... Ala.App. 597, 87 So. 708; Suttle v. State, 19 ... Ala.App. 198, 96 So. 90; Sampson v. State, 19 ... Ala.App. 671, 100 So. 305 ... We ... discover no conflict in the Boyette Case with the numerous ... decisions above cited and quoted. Where the clothing worn by ... the deceased at the time of the killing has not been ... perforated by bullets, etc., or bears no ... ...
  • Mooneyham v. State
    • United States
    • Alabama Court of Appeals
    • 20 Febrero 1951
    ...following authorities sustain the rulings of the court in admitting these garments. Long v. State, Ala.App. 44 So.2d 775; Sampson v. State, 19 Ala.App. 671, 100 So. 305; Hanson v. State, 34 Ala.App. 177, 37 So.2d 532; Patterson v. State, 23 Ala.App. 428, 126 So. We are not unmindful of the ......
  • Southern Finance Co. v. Casey
    • United States
    • Alabama Court of Appeals
    • 20 Mayo 1924
    ... ... The ... question is not an open one with us. The local usury law of ... 1901, supra, applicable to certain counties in this state, ... including the county of Jefferson, has been declared to be ... constitutional both by this court and the Supreme Court ... Alabama Brokerage ... ...
  • Terrell v. State, 6 Div. 521.
    • United States
    • Alabama Court of Appeals
    • 30 Enero 1934
    ... ... E. Knight, Jr., Atty. Gen., and Jas. L. Screws, Asst. Atty ... Gen., for the State ... RICE, ... Code ... 1923, § 7247, motion to retax costs, is applicable to ... criminal as well as civil cases. See Tribble v ... State, 147 Ala. 699, 41 So. 183; and Sampson v ... State, 19 Ala. App. 671, 100 So. 305 ... Admittedly, ... the motion in this case was not filed until after the ... expiration of thirty days from the date of the judgment of ... conviction. It was properly stricken. Code, § 7247, supra ... Without ... questioning ... ...
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