Supreme Court of Alabama, 1907

Cook v. State

Supreme Court of Alabama · Decided July 2, 1907 · Anderson, Dowdell, Haralson, McClellan, Simpson, Tyson

152 Ala. 66; 44 So. 549; 1907 Ala. LEXIS 35

Cases that cite this one

9 later published cases cite this decision.

Milton v. State (Ala. Crim. App. 1982)
Smith v. State (Ala. Crim. App. 1977)
Peters v. State (Ala. 1941)
Hixon v. State (Ala. 1931)
Tapscott v. State (Ala. Ct. App. 1921)
Byrd v. State (Ala. Ct. App. 1920)
Dickey v. State (Ala. Ct. App. 1916)
Johnson v. State (Ala. 1916)
Bullington v. State (Ala. Ct. App. 1915)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

McCLELLAN, J.

The defendant was convicted of the offense of carrying a concealed weapon. Over objection, the state was permitted to elicit from its .witness the details of a difficulty in connection with which the alleged concealed weapon was shown and later again concealed. This was error to reversal. — Gainey’s Case, 141 Ala. 72, 37 South. 355.

*68There is no merit in the other exceptions reserved. The simple proof of the death of a person present on the occasion in question could not possibly have resulted in injury to defendant. Nor was the testimony, the purpose of which was to show bias, prejudice, or unfriendly state of feeling on the part of the witness testifying for the state, improperly admitted. The remarks of the solicitor were within the limits of legitimate advocacy.

For the error indicated, the judgment is reversed, and the cause is remanded.

Reversed and remanded.

Tyson, C. J., and Haralson, Dowdell, Simpson, and Anderson, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.