From Casetext: Smarter Legal Research

Blackman v. State

Court of Appeals of Alabama
Oct 7, 1924
102 So. 147 (Ala. Crim. App. 1924)

Opinion

4 Div. 996.

August 19, 1924. Rehearing Denied October 7, 1924.

Appeal from Circuit Court, Dale County; J.S. Williams, Judge.

Seab Blackman was convicted of manufacturing whisky, and he appeals. Affirmed.

Certiorari denied by Supreme Court in Ex parte Blackman, 212 Ala. 248, 102 So. 148.

Sollie Sollie, of Ozark, for appellant.

Bias, interest, or prejudice of a witness is always relevant. Gray v. State, 19 Ala. App. 550, 98 So. 818; Russell v. State, 17 Ala. App. 436, 87 So. 221; Cook v. State, 152 Ala. 66, 44 So. 549; Ex parte Morrow, 210 Ala. 63, 97 So. 108.

Harwell G. Davis, Atty. Gen., and O.B. Cornelius, Asst. Atty. Gen., for the State.

Details of a former difficulty may not be gone into. Sou. Ry. v. Harrison, 191 Ala. 436, 67 So. 597.


The fact that when defendant and state's witness were schoolboys they had lots of fights, and defendant "sort of" got the better of witness, is too remote upon which to base ill feeling and prejudice, unless there were connecting facts showing a continuance of the youthful differences. Besides, the details of such fights would be inadmissible.

The fact that McGowan, the deputy, who was a witness examined by the state, was or was not entitled to a fee of $50 in this case could not have injuriously affected defendant's case. This witness did not testify to any fact tending to connect defendant with the manufacture of whisky.

The other exceptions are without merit.

We find no error in the record, and the judgment is affirmed.

Affirmed.


Summaries of

Blackman v. State

Court of Appeals of Alabama
Oct 7, 1924
102 So. 147 (Ala. Crim. App. 1924)
Case details for

Blackman v. State

Case Details

Full title:BLACKMAN v. STATE

Court:Court of Appeals of Alabama

Date published: Oct 7, 1924

Citations

102 So. 147 (Ala. Crim. App. 1924)
20 Ala. App. 281

Citing Cases

Wynn v. United States

See also McFarland v. United States, supra note 6, 85 U.S.App. D.C. at 20-21, 174 F.2d at 539-540. Cf.…

Lee v. State

Smith v. State, supra at 169. Thus, for example, should the trial court find that the form of a proffered…