Terry v. State
| Decision Date | 09 June 1932 |
| Docket Number | 8 Div. 427. |
| Citation | 148 So. 159,226 Ala. 685 |
| Parties | TERRY v. STATE. |
| Court | Alabama Supreme Court |
Rehearing Denied May 25, 1933.
Certiorari to Court of Appeals.
Petition of Lum Terry for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in Terry v. State, 148 So. 157.
Writ denied.
O Kyle, of Decatur, for petitioner.
Thos E. Knight, Jr., Atty. Gen., for the State.
The petitioner, Lum Terry, was tried for the offense of murder in the first degree, was convicted of manslaughter in the first degree, punishment fixed at imprisonment in the penitentiary of this state for the period of eight years, and, from the judgment and sentence in the cause, he prosecuted an appeal to the Court of Appeals, 148 So. 157. That court has affirmed the judgment and sentence, and the appellant, petitioner, in this court, has applied here for writ of certiorari to review and reverse the decision of the Court of Appeals.
It is first insisted that the Court of Appeals committed error in holding that the trial court committed no error in "excluding from the jury evidence of the circumstances under which a threat that had been communicated to defendant and in excluding 'they have their guns and are drinking."' From the opinion of the Court of Appeals it appears that, while defendant was on the stand, testifying in his own behalf, and in the course of his testimony, he stated: '
From the opinion of the Court of Appeals, it further appears that the trial court ex mero motu excluded that portion of the foregoing testimony as to the advice given the defendant (witness) by Palmore Smith, and the trial court stated, in excluding the evidence as to the advice given: In its opinion the Court of Appeals further states with reference to this action of the trial court:
Whether the court's action was right or wrong in excluding any part of the statement made to the defendant by Palmore Smith it is not necessary for us to determine, and we do not decide, as the Court of Appeals further holds in its opinion that the defendant had the full benefit of the testimony in other testimony admitted on behalf of d...
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Mason v. State
...privilege to practice his profession as a member of the bar.' In Terry v. State, 25 Ala.App. 135, 148 So. 157, certiorari denied 226 Ala. 685, 148 So. 159, this court held that the right to examine a witness as to prior conviction for a crime involving moral turpitude is in no manner affect......
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Hill v. State
...197, 132 So. 607; McClung v. State, 25 Ala.App. 131, 142 So. 843; Terry v. State, 25 Ala.App. 135, 148 So. 157, cert. den., 226 Ala. 685, 148 So. 159; Stovall v. State, 34 Ala.App. 610, 42 So.2d 636, cert. den., 252 Ala. 670, 42 So.2d The judgment is due to be and is hereby affirmed. The fo......
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Turner v. State
...unless the opinion of that court discloses a misapplication of the rule. Campbell v. State, 216 Ala. 295, 112 So. 902; Terry v. State, 226 Ala. 685, 148 So. 159; Armstrong v. Blackwood, 227 Ala. 545, 151 So. Parham v. State, 217 Ala. 398, 116 So. 418. The decision of the Court of Appeals di......
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Mitchell v. State, 3 Div. 795.
... ... In the Smith Case, supra, the court in ... discussing this identical charge said: "The charge was ... properly refused, for the use of the word ... 'supposition.' All cases in this state, holding that ... the refusal of such a charge is erroneous, are hereby ... overruled." See, also, Terry v. State, 226 Ala ... 685, 148 So. 159; Gurley v. State, 216 Ala. 342, 113 ... It was ... not permissible, under the elementary rules of evidence, for ... the State to undertake to prove by its witness, Golly Green, ... what Rogers Hampton knew about the cotton seed of K. T ... ...