Houston v. State

2 Citing cases

  1. Smith v. State

    745 So. 2d 922 (Ala. Crim. App. 1999)   Cited 45 times
    Stating that the exclusion of admissible evidence does not constitute reversible error when the evidence would have been merely cumulative of other evidence of the same nature that was admitted

    "'[W]here objection is sustained, but the party, nevertheless, proceeds to get in the evidence sought, in substance and effect, which is not excluded and remains for the jury's consideration, the initial ruling, if erroneous, is harmless.'"Houston v. State, 565 So.2d 277, 281 (Ala.Cr.App. 1990), quotingRoberson v. State, 233 Ala. 442, 444, 172 So. 250, 251 (1937). The appellant also contends that the state failed to timely disclose the existence of the pending charges against McMillian and Looney, and that its failure to do so violated a discovery motion that granted the defense discovery of all pending criminal charges of any of the state's witnesses. He claims that he was not informed of any pending charges until after he attempted to cross-examine McMillian and Looney and that, therefore, he is entitled to a new trial.

  2. Davis v. Allen

    Civil Action No. CV 07-S-518-E (N.D. Ala. May. 26, 2016)   Cited 4 times

    "The exclusion of admissible evidence does not constitute reversible error where the evidence 'would have been merely cumulative of other evidence of the same nature, which was admitted.'" Houston v. State, 565 So. 2d 277, 281 (Ala. Crim. App. 1990) (quoting Ex parte Lawson, 476 So. 2d 122, 122 (Ala. 1985)). Accordingly, for the reasons stated above we find no reversible error.