Supreme Court of Alabama, 1985

Ex Parte Lawson

Supreme Court of Alabama · Decided August 30, 1985 · Per Curiam

476 So. 2d 122 (Southern Reporter, Second Series)

Cases that cite this one

16 later published cases cite this decision.

Davis v. State (Ala. Crim. App. 2006)
Michael Craft v. State of Alabama. (Ala. Crim. App. 2011)
Eddie W. Wilson v. Suzanne L. Wilson. (Ala. Civ. App. 2011)
Jordan Ex Rel. Jordan v. Calloway (Ala. 2008)
Waldrop v. State (Ala. Crim. App. 2007)
Baker v. State (Ala. Crim. App. 2001)
Bryant v. State (Ala. Crim. App. 1998)
Molton v. State (Ala. Crim. App. 1994)
Hunt v. State (Ala. Crim. App. 1994)
Lacy v. State (Ala. Crim. App. 1993)
Houston v. State (Ala. Crim. App. 1990)
Harris v. State (Ala. Crim. App. 1989)
Leonard v. State (Ala. Crim. App. 1989)
Williams v. State (Ala. Crim. App. 1987)
Parker v. State (Ala. Crim. App. 1987)
Sides v. State (Ala. Crim. App. 1986)

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

Writ quashed.

We cannot agree with the Court of Criminal Appeals,476 So.2d 116, that the trial court properly excluded the statement of Ken Spencer, "I thought Terry was going to shoot," on the ground that the statement was the expression of an opinion. However, on the record before us, the trial court's action in excluding the statement, which was admissible as a spontaneous statement by a bystander/observer to an exciting occurrence, C. Gamble, McElroy's Alabama Evidence § 265.01 (3d ed. 1977), and cases cited therein, does not constitute reversible error, since the statement would have been merely cumulative of other evidence of the same nature, which was admitted.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C.J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur. *Page 611

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