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Ex parte Dickey v. State

Ex parte Dickey v. State, 73 So. 72 (Ala. 1916)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
October 19, 1916
Judges
Anderson, Gardner, McClellan, Sayre
Citations
73 So. 72197 Ala. 6101916 Ala. LEXIS 117
Disposition
Certiorari denied.
Headnotes
Murder. Appeal and Error; Harmless Error; Evidence. — Where a defendant was entitled on his cross examination of a state’s witness to have him answer questions as to the contribution by the witness to a fund raised for the prosecution of defendant, the witness having denied making any contribution directly to the fund in question, yet the witness’^ statement that he had agreed to reimburse the municipality which was giving financial aid to the prosecution, in a certain amount, was a substantial answer to the question, and there was no reversible error.
Summary
Certiorari to Court of Appeals. Petition of Cecil Dickey for certiorari to the Court of Appeals to review and revise the judgment of said court affirming the judgment of the trial court in the case of Dickey v. The State, 15 Ala. App......., 72 South. 608.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sayre

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SAYRE, J.

This court is of opinion that the defendant, on his cross-examination of the state’s witness Butler, was entitled to have an answer to his questions as to how much and in what way he had contributed to a fund raised for use in the prosecution of the pending charge against defendant, and that a denial of that right would have been reversible error. However, the court finds, upon petitioner’s statement of what occurred at the trial, that the witness denied making any contribution directly to the fund in question stating, in effect, that he had agreed to reimburse the municipality — which it seems was giving financial aid to the prosecution — to the extent of $25 for any sum it might spend on that account, and that this testimony went to the jury; in other words, that the petitioner (defendant) got the substance of all that he asked for, and hence that there was no reversible error. In respect to the other objections taken against the opinion and rulings of the Court of Appeals, this court thinks they do not require further treatment. We find no reversible error.

Certiorari denied.

Anderson, C. J., and McClellan and Gardner, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1918: 11923: 11924: 11925: 11933: 11947: 11974: 11979: 119182026peak 1918 · 1

Relies on it most ⓘ

  1. McCart v. Smith77 So. 967 (Ala. Ct. App. 1918)
  2. Hembree v. State101 So. 221 (Ala. Ct. App. 1924)
  3. Hunter v. State301 So. 2d 541 (Ala. 1974)
  4. Higdon v. State367 So. 2d 991 (Ala. Crim. App. 1979)
  5. Russell v. State97 So. 845 (Ala. Ct. App. 1923)
  6. Williams v. State107 So. 37 (Ala. Ct. App. 1925)

Most recent

  1. Higdon v. State367 So. 2d 991 (Ala. Crim. App. 1979)
  2. Hunter v. State301 So. 2d 541 (Ala. 1974)
  3. Brogden v. State31 So. 2d 144 (Ala. Ct. App. 1947)
  4. Liberty Nat. Life Ins. Co. v. Collier154 So. 116 (Ala. Ct. App. 1933)
  5. Williams v. State107 So. 37 (Ala. Ct. App. 1925)
  6. Hembree v. State101 So. 221 (Ala. Ct. App. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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