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2 Ala. App. 242

Wheat v. State

Alabama Court of Appeals

Decided December 19, 1911

Alabama Court of Appeals · decided 1911-12-19

Heard before Hon. Milo Abercrombie-. Richard Wheat was convicted of presenting a firearm at another and he appeals. Proof of bias, hostility or ill will of the prosecuting witness to the defendant, is competent and may be shown by questions on cross examination. — Blalcey v. Blalcey, 33 Ala.. 611 McHugh v. The State, 31 Ala. 317; Bullard v. Lambert, 40 Ala. 204; Fincher v. The State, 58 Ala.. 219.

Cited by 1 later decisions — most recently April 1913

1 state decisions

Relies on Fincher v. State · Sanford v. State · Shepherd v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1911-12-19

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PELHAM, J.

¶1The prosecutrix’s friendly relations with the defendant after the commission of the alleged offense (the defendant being charged with a violation of section 6893 of the Code of 1907), when she first complained, whom she told about the occurrence, and why she did not sooner swear out the warrant, are all matters having no tendency to prove or disprove the issues before the court, are therefore irrelevant, and Avere not admissible for any purpose. On cross-examination the prosecutrix was asked: “Are you not mad with defendant because of a mortgage he has on your property?” This Avas a legitimate and proper question on cross-examination to shoAv bias or feeling on the part of the prosecuting Avitness, and the court erred in sustaining the state’s objection to the question. Sanford v. State’s 143 Ala. 78, 83, 39 South. 370; Fincher v. State, 58 Ala. 215; Shepard v. State, 135 Ala. 9, 33 South, 266.

¶2The judgment must be reversed for the error shown.

¶3Beversed and remanded.

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