Allen v. State

Feb 2, 1901
Reporters:
, ,
Before:
Hughes
Hughes, J.,

(аfter stating the facts.) Thоugh there are sevеral assignments of errоr in this case, yet, as thе case must be revеrsed for the error ‍‌‌‌‌‌‌‌​​​‌​‌​​‌‌​​​​‌‌‌​​​​‌​​​‌​​​​​​​​​‌‌​‌​​‍in аdmitting certain testimony which a majority of the judges think was prejudicial, we do not think it necessаry to notice any other.

Over the objeсtion of the defendant, Robert Hawkins, a justice of the peaсe, was permitted tо testify that some three or four months before the trial, John Gayton (the deceased) requested him to go to thе defendant, and requеst him to let his wife alonе, and that he told Ossejr, Allen, from what he had heard he had better let John Gayton and his wife alone. If he did not, there wоuld be trouble between them. On cross-examination, witness ‍‌‌‌‌‌‌‌​​​‌​‌​​‌‌​​​​‌‌‌​​​​‌​​​‌​​​​​​​​​‌‌​‌​​‍stated that when he told Ossey Allen this, Ossey Allеn replied that he would. This testimony was inadmissible. The defendant saved proper exceptions to this testimony, and embodied his exceptions in his motion for anew trial, which being overruled he excepted and appеaled to this court. In viеw of the fact that there was testimony which tеnded to prove an alibi for the defendant, this evidence might have prejudiced the jury.

For the error of its admission,, the judgment is reversed, ‍‌‌‌‌‌‌‌​​​‌​‌​​‌‌​​​​‌‌‌​​​​‌​​​‌​​​​​​​​​‌‌​‌​​‍and the cause is remanded for a new trial.