Nept v. State
Nept v. State
Opinion
Janette Peoples Nept was indicted for the offense of murder, in violation of §
The trial court clearly allowed Nept's brother, Eddie Nathan, to testify twice in the jury's presence that the deceased, Angie Renee Triplett, followed Nept into Nathan's house, argued with Nathan, and broke a bottle and stabbed Nathan in the arm with the bottle only a week before she was killed.
An adverse ruling by the trial judge is prerequisite for preserving an alleged error in a criminal trial for appellate review. Harrell v. State,
Although we agree that witness Sims's statement to Nept was not hearsay evidence, the State's untimely objection to such testimony was made after Sims had testified to that effect in front of the jury, and the State made no motion to exclude; thus, the jury was never instructed to disregard the statement at issue. Hence, any error in sustaining the State's untimely objection to Sims's statement was harmless where the statement was not excluded from the jury's consideration and where the substance of the testimony (that Nept had reason to fear the deceased because of her allegedly violent nature) was also admitted into evidence through the testimony of Nept's brother regarding the deceased's allegedly stabbing him with a broken bottle. See Rule 45, A.R.App.P., Cargill v. State,
We have reviewed the trial court's instructions to the jury on self-defense in their entirety, including the court's instructions during voir dire, and find them to be correct statements of law. The question of whether Nept intended to kill the deceased when she stabbed her in the chest with a steak knife was a question of fact for the jury to decide.Gurganus v. State,
The foregoing opinion was prepared by the Honorable JAMES H. FAULKNER, a former Alabama Supreme Court Justice, and his opinion is hereby adopted as that of the court.
The judgment of the circuit court is affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Janette Peoples Nept v. State.
- Cited By
- 6 cases
- Status
- Published