Jones v. State, 46 So. 579

TYSON, C. J.

The defendant was convicted of manslaughter for the killing of one Will Smith. Witnesses Fairley and Bramlett, neither of whom were shown to be experts, were permitted to testify against defendant’s objection that in their opinion the wound received by Smith in the stomach, made by a pistol ball fired by defendant caused his death. In this there was error. Only an expert could testify to the fatality of such a wound.

Reversed and remanded.

Dowdell, Andbiu'on, and McClellan, JJ., concur.

Case Details

Case Name: Jones v. State

Court Name: Supreme Court of Alabama

Date Published: May 14, 1908

Citations: 46 So. 579; 155 Ala. 1; 1908 Ala. LEXIS 319

Court Abbreviation: Ala.