Home/Supreme Court of Alabama/Ex Parte Lawson

Ex Parte Lawson

476 So. 2d 122
CourtSupreme Court of Alabama
DecidedAugust 30, 1985
Docket84-879
StatusPublished
Cited by17 cases

This text of 476 So. 2d 122 (Ex Parte Lawson) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Lawson, 476 So. 2d 122 (Ala. 1985).

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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Bluebook (online)
476 So. 2d 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-lawson-ala-1985.