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23 Ala. App. 253

Washington v. State

Alabama Court of Appeals

Decided June 29, 1929

Alabama Court of Appeals · decided 1929-06-29

Cited by 3 later decisions — most recently January 1952

3 state decisions

Relies on Way v. State · Minor v. State · 15 Ala. App. 556 - Minor v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1929-06-29

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RICE, J.

¶1Appellant was convicted of the offense, of murder in the second degree, and his punishment fixed at imprisonment in the penitentiary for a term of ten years.

¶2The appellant did not deny shooting and killing deceased, one Watkins, but inter-' posed the plea of self-defense. Testimony on behalf of appellant tended to show that the killing grew out of a “crap game.” By a series of rulings of the trial court, testimony as to all details of this “game,” and the “quarrel” arising during the course of same, offered in behalf of appellant, was excluded or not permitted. In all these rulings there was prejudicial error.

¶3It was competent to show all that transpired at the time of the killing, and which occurred prior thereto leading up to and explanatory of the tragedy. (Italics ours.) Minor v. State, 15 Ala. App. 556, 74 So. 99; Way v. State, 155 Ala. 52, 46 So. 273.

¶4The other questions apparent present nothing new or novel, and will in all probability not arise in their present form on another trial. They will not be treated.

¶5For the errors pointed out, the 3udgment is reversed, and the cause remanded.

¶6Reversed and remanded.

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