Public-domain · open source
OpenJurist

210 Ala. 63

97 So 108

Morrow v. State

Supreme Court of Alabama

Decided May 31, 1923

Supreme Court of Alabama · decided 1923-05-31

Relies on Johnson v. State · Alabama Great Southern Railroad v. Johnston · Whitsett v. Belue

Good law ✅— No negative treatment on recordhow we know

Decided 1923-05-31

How this case has been cited

Cited by 8 later decisions — most recently October 1979

7 state decisions

50192319301940195019601970decided

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 →

THOMAS, J.

¶1 A cross-examination that tends to show interest or bias of a witness is “relevant to the issue.” Ex parte State (Johnson v. State) 199 Ala. 255, 74 South. 366; Whitsett v. Belue, 172 Ala. 256, 265, 54 South. 677; Houston Biscuit Co. v. Dial, 135 Ala. 168, 185, 33 South. 268; A. G. S. R. Co. v. Johnston, 128 Ala. 283, 295, 29 South. 771; Burger v. State, 83 Ala. 36, 3 South. 319; Underhill on Criminal Ev. § 222; 1 Greenl. on Ev. (15th Ed.) § 448 et seq.; 3 Ency. of Ev. 849 ; 2 Ency. of Ev. 407 ; 5 Jones on Ev. §§ 828, 901.

¶2 There was prejudicial error in the undue limiting of the cross-examination of the state’s witness Hunt, where bias or prejudice was sought to be shown. The defendant was not permitted 'on cross-examination, to ask the witness, “You fell out with this man and his whole family after you were arrested for having a still?” This question, in the use of the words “this man,” referred to defendant.

¶3 The judgment of the Court of Appeals is reversed, and the cause remanded to that court for further consideration in accordance with this opinion.

¶4 Writ granted; reversed and remanded.

ANDERSON, C. J., and SAYRE, SOMERVILLE, GARDNER, and MILLER, JJ., concur. McClellan, j., not sitting.
/210/ala/63 · .json · Public domain