Swoope v. State

Decided November 15, 1896

Supreme Court of Alabama · decided 1896-11-15

Tried before the Hon. H. C. Speake. The appellant was indicted and tried for the murder of Tillman Oliver, was convicted of murder in the first degree, and sentenced to the penitentiary for life. On the trial of the cause, as is shown by the bill of exceptions, Annie Lou Swoope, a witness for the State, testified that the defendant and' the deceased were alone in a room in her house while she was at the door of her room across the passage-way.

Cited by 2 later decisions — most recently July 1962

2 state decisions

Relies on Evans v. State · Owen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1896-11-15

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HARALSON, J.

¶11. There was no error in the ruling of the court, in not allowing the witness, Annie Lou Swoope, to be contradicted by her husband, Wesley Swoope. The communications by the wife to the husband, which defendant proposed to contradict by him, were shown to have been private, when she and her husband were alone.—Owen v. The State, 78 Ala. 425 ; 1 Green. Ev., § 254.

¶22. The charge asked by defendant was properly refused. It excluded the jury by its terms, from finding the defendant guijty of murder in the second degree, or manslaughter in either degree, all of which were included in the indictment. They were confined by the charge, to a conviction of murder in the first degree or to an acquittal.—Evans v. The State, 109 Ala. 23.

¶3We find no error in .the record, and the judgment and sentence of the lower court are affirmed.

¶4Affirmed. .