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16 Ala. App. 451

78 So 714

Wallace v. State

Alabama Court of Appeals

Decided April 16, 1918

Alabama Court of Appeals · decided 1918-04-16

P. Almon, Judge. Branch Wallace was convicted of assault with intent to murder, and he appeals.

Relies on Rash v. State · Pearce v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1918-04-16

How this case has been cited

Cited by 16 later decisions — most recently April 1986

16 state decisions

6019181920193019401950196019701980decided

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.

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BROWN, P. J.

¶1 [1, 2] Any witness familiar by experience with the appearance and treatment of wounds, particularly physicians and surgeons, may give an opinion as to the manner in which a wound was probably inflicted and the instrument used. Rash v. State, 61 Ala. 89-93; Underhill’s Cr. Ev. § 312; 1 Greenl. Ev. 440; Pearce v. State, 14 Ala. App. 120, 72 South. 213. The testimony of the state’s witness, Hr. Lindsey, was within the rule. It is permissible for a witness *452 to testify that one was drunk, or “acted like he was drunk.” 1 Mayf. Dig. 336, § 37.

¶2 Counsel for appellant have submitted no brief or argument, and we have carefully examined the record and find no reversible error therein, or anything further that warrants discussion.

¶3 Affirmed.

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