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10 Ala. App. 255

Dodson v. State

Alabama Court of Appeals

Decided April 16, 1914

Alabama Court of Appeals · decided 1914-04-16

Heard before Hon. W. W. Haralson. Jim Dodson was convicted of disturbing religious worship, and he appeals. The witness Stearnes was permitted to testify that he heard some talking in the church, on the right-hand side as you go in, and that “I think it was right there at him.” The defendant moved to exclude the part quoted.

Cited by 4 later decisions — most recently June 1956

4 state decisions

Relies on Treadwell v. State · Olden v. State · Henry v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-04-16

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PELHAM, J.

¶1It is plain that the witness Stearnes was giving his judgment from personal observation when he testified that he thought the noise that was being made was “right there at him,” referring to the defendant. Moreover, no motion to exclude the statement is shown to have been made. It is always permissible on cross-examination to ask questions of the witness for the purpose of showing the relation existing between the witness and the parties, and to bring out anything *257having a tendency to show prejudice or bias, or that the witness entertained feelings of sympathy. Henry v. State, 79 Ala. 42. The questions asked the defendant’s witness Betty Martin on cross-examination were permissible under the above-stated rule.

¶2The question asked the witness Martin on redirect examination was not in rebuttal of any matter brought out on cross-examination, and whether or not the court permitted the question was a matter resting in the discretion of the trial court. Treadwell v. State, 168 Ala. 96, 53 South. 290. Other rulings on the evidence are without error and do not, we think, require discussion.

¶3Charge A, refused to the defedant, is not predicated .upon a consideration of all the evidence, but, on the contrary, predicates an acquittal on a reasonable doubt growing out of a part of the evidence. Olden v. State, 176 Ala. 6, 58 South. 307.

¶4The legal principles embraced in refused charge B are fully covered in the charges given at the instance of the defendant.

¶5We discover no error in the record.

¶6Affirmed.

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