Swoope v. State

Supreme Court of Alabama

Swoope v. State

115 Ala. 40

CourtSupreme Court of Alabama

DecidedNovember 15, 1896

StatusPublished

Cited by2 cases

This text of 115 Ala. 40 (Swoope v. State) 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

Swoope v. State, 115 Ala. 40 (Ala. 1896).

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Opinion

HARALSON, J.

1. There was no error in the ruling of the court, in not allowing the witness, Annie Lou Swoope, to be contradicted by her husband, Wesley Swoope. The communications by the wife to the husband, which defendant proposed to contradict by him, were shown to have been private, when she and her husband were alone.—Owen v. The State, 78 Ala. 425 ; 1 Green. Ev., § 254.

2. The charge asked by defendant was properly refused. It excluded the jury by its terms, from finding the defendant guijty of murder in the second degree, or manslaughter in either degree, all of which were included in the indictment. They were confined by the charge, to a conviction of murder in the first degree or to an acquittal.—Evans v. The State, 109 Ala. 23.

We find no error in .the record, and the judgment and sentence of the lower court are affirmed.

Affirmed. .

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HARALSON, J.

1. There was no error in the ruling of the court, in not allowing the witness, Annie Lou Swoope, to be contradicted by her husband, Wesley Swoope. The communications by the wife to the husband, which defendant proposed to contradict by him, were shown to have been private, when she and her husband were alone.—Owen v. The State, 78 Ala. 425 ; 1 Green. Ev., § 254.

2. The charge asked by defendant was properly refused. It excluded the jury by its terms, from finding the defendant guijty of murder in the second degree, or manslaughter in either degree, all of which were included in the indictment. They were confined by the charge, to a conviction of murder in the first degree or to an acquittal.—Evans v. The State, 109 Ala. 23.

We find no error in .the record, and the judgment and sentence of the lower court are affirmed.

Affirmed. .

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115 Ala. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swoope-v-state-ala-1896.

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