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151 Ala. 22

Howard v. State

Supreme Court of Alabama

Decided June 4, 1907

Supreme Court of Alabama · decided 1907-06-04

Heard before Hon. T. L. Sowell. Jim Howard was convicted of murder in the second degree, and appeals. Jim Howard was indicted and tried for the unlawful and malicious killing of Will Leonard by shooting him with a gun. What is said as to exceptions to evidence is sufficiently stated in the. opinion of the court.

Relies on Gregory v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1907-06-04

How this case has been cited

Cited by 21 later decisions — most recently April 1977

21 state decisions

6019071910192019301940195019601970decided

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 defendant, testifying as a witness in his own behalf, stated that after the shooting of the deceased he (Avitness) Avent to Mountain Top for a doctor. He did not find a doctor, nor did he return to where the shooting occurred. He was asked by his counsel, both on the direct ad redirect examination, why he did not go back to Avhere the deceased Avas. An objection by the solicitor Avas sustained to this question. This ruling of the court is now complained of as error. It was not stated to the trial court what Avas proposed to be shoAvn in evidence by this question. As a general rule secret motives or reasons, or mere operations ol one’s mind, are not competent in evidence. Moreover, it is not made to appear AAdiat ansAver was expected to the question, Avhether material or immaterial. Therefore it cannot be said that error Avas committed in sus*26taming the objection to the question, ancl, if any error, that it was prejudicial to the rights of the defendant.

¶2Charge 6, refused to the defendant, was inherently bad. A reasonable possibility of the defendant’s innocence is not a proper predicate for an acquittal.

¶3Charges G- and L, which were refused to the defendant, were approved in Gregory v. State, 140 Ala. 16, 37 South. 259. The court erred in its refusal to give the same.

¶4Charges IT and J are each argumentative, and for that reason, if no other, were properly refused.

¶5Charges 13 and 17 each finds substantial duplicate in written charge B, given at the request of the defendant.

¶6Written charges G and H, given at the request of the state, correctly stated the Law, and no error Avas committed in the giving of them.

¶7There was no error in sustaining the demurrer to the defendant’s plea of misnomer. The name “Ravier,” by Avhich the defendant was indicted under an alias, is idem scnans Avith the name “Revear,” set up as defendant’s true name in his plea of misnomer.

¶8For. the error pointed out, the judgment is reversed, and the cause remanded.

¶9Reversed and remanded. All the justices concur.

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