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156 Ala. 93

Jackson v. State

Supreme Court of Alabama

Decided June 18, 1908

Supreme Court of Alabama · decided 1908-06-18

<p> Assault with Intent to Murder. </p> <p>Witnesses; Impeachment; Bias. — A witness for the state having testified that she was on friendly terms with the defendant, the defendant was entitled on cross examination to show that the witness had made remarks concerning the defendant which indicated an ill will towards him.</p>

Relies on Drum & Ezekiel v. Harrison · Rarden v. Cunningham

Reversed · Decided 1908-06-18

ANDERSON, J.

¶1The defendant should have been permitted, upon cross-examination, to show bias on the part of the witness Dinah Wright. She had testified against him, and said that she was on friendly terms with him, and the defendant clearly had the right, on cross-examination, to show that he had gotten some of her land, and that she had made the remarks in question, which indicated ill feeling on her part towards the defendant. — Rarden v. Cunningham, 136 Ala. 266, 34 South. 26; Drum & Ezekiel v. Harrison, 83 Ala. 386, 3 South. 715.

¶2The judgment of the circuit court is reversed, and the cause, is remanded.

¶3Reversed and remanded.

Tyson, C. J., and Dowdell and McClellan, JJ., concur.
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