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128 Ala. 58

Carson v. State

Supreme Court of Alabama

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

Tried before the Hon. A. 1). Sayre. The appellant was indicted and tried for murder, was convicted of murder in the second degree, and sentenced (to the penitentiary for 18 years. • On the trial of the cause it was shown by 'the evidence that the defendant shot and killed one-Brown with a pistol; the circumstances of the killing being proven.

Key passage — most relied on by later courts

““Much latitude is allowed upon cross-examination of a witness as to character, even sometimes to the extent, within the sound discretion of the trial court, of asking questions which may call for irrelevant evidence. This for the purpose of testing the accuracy, credibility and sincerity of the witness. As to how a witness makes up his .estimate of character is a proper subject of inquiry upon cross-examination.””

quoted by 1 later decision, including Johnson v. State

Relies on DeArman v. State · Hussey v. State · Moulton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

How this case has been cited

Cited by 16 later decisions — most recently October 1975

16 state decisions

6019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

DOWDELL, J.

¶1The evidence disclosed that the defendant was intoxicated at the time of the commission *60of the alleged, crime. He put in issue his character for peace and quiet. The State was permitted against defendant’s objection, upon cross-examination of certain witnesses testifying in his behalf and to his good character, to asli, if they had not heard -of his getting drunk, and also, of his carrying a concealed weapon. Much latitude is allowed upon cross-examination of a witness as to character, even sometimes to the extent, within the sound discretion of the trial court, of asking questions which may call for irrelevant evidence. This for the purpose of testing the accuracy, credibility and sincerity of the witness. As to how a witness makes up his estimate of character, is a proper subject of inquiry upon cross-examination. Besides, a man while free from ithe influence of strong drink may have an excellent character as a law abiding, quiet, peaceable citizen, but otherwise When intoxicated. And certainly the carrying of concealed weapons, an offense which the law condemns, is not an element which goes to make up a good character for peace and quiet. There was no error in permitting the questions. Goodwin v. State, 102 Ala. 87; Thompson v. State, 100 Ala. 70; Moulton v. State, 88 Ala. 116; Hussey v. State, 87 Ala. 121; DeArman v. State; 71 Ala. 351; Ingram v. State, 67 Ala. 67.

¶2While i|t is permissible on cross-examination of a witness on character to ask such witness if he ever heard of the defendant Inning other difficulties than the one under investigation, if is not permissible to inquire into the details of such difficulty on rebuttal. Goodwin v. State, supra; Moulton v. State, supra; Thompson v. State, supra.

¶3We find no reversible error in the record, and the judgment of the trial count must be affirmed.

¶4Affirmed.

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