Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Ex parte Columbus LAWSON. (Re Columbus Lawson v. State).

PER CURIAM.

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.

Use AI to get other relevant cases.

Comments

EX PARTE LAWSON
(Aug 30, 1985)