Supreme Court of Alabama, 1908

Jones v. State

Jones v. State
Supreme Court of Alabama · Decided May 14, 1908 · Andbiu, Dowdell, McClellan, Tyson
155 Ala. 1; 46 So. 579; 1908 Ala. LEXIS 319
Jones v. State

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

TYSON, C. J.

The defendant was convicted of manslaughter for the killing of one Will Smith. Witnesses *2Fairley and Bramlett, neither of whom were shown to be experts, were permitted to testify against defendant’s objection that in their opinion the wound received by Smith in the stomach, made by a pistol ball fired by defendant caused his death. In this there was error. Only an expert could testify to the fatality of such a wound.

Reversed and remanded.

Dowdell, Andbiu'on, and McClellan, JJ., concur.

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