Legal Opinion

Gilmer v. State

Supreme Court of Alabama

Decided February 13, 1913PublishedCited by 15 opinions

Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Arnold Gilmer, alias, etc., was- convicted of murder and he appeals.

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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Arnold Gilmer, alias, etc., was- convicted of murder and he appeals. The court was in error in permitting testimony of the dying declarations as the deceased merely said “if she was not going to get well, she desired to tell about the shooting.” — Sims v. State, 139 Ala. 74; Pulliam v. State, 88 Ala. 3; 5 Mayf. 302. The court was in error in permitting the confessions alleged to have been made to the police officer. The court erred in permitting the cross examination indulged in of defendant while on the stand as a witness.…

1Opinion of the Court

de GRAFFENRIEI), J.

Accepting as the true version of this matter that phase of the testimony which is most favorable to the defendant, it may be asserted, Avith perfect confidence, that the defendant, while in a state of voluntary intoxication, intentionally and without any provocation whatever shot and killed a woman. *25There was no theory- and mo evidence tending:--to -show: that the -shot- was due to accident, and-, if the voluntary intoxication-of the -defendant — conceding the fact of his intoxication — furnishes him with no - excuse for the commission of the homicide, -then he stands…

2Cases cited8 opinions

  1. Hussey v. StateSupreme Court of Alabama · 1888
  2. McLean v. StateSupreme Court of Alabama · 1849
  3. Linnehan v. StateSupreme Court of Alabama · 1898
  4. Justice v. StateSupreme Court of Alabama · 1892
  5. Heningburg v. StateSupreme Court of Alabama · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Oliver v. StateSupreme Court of Alabama · 1936
  2. Sharp v. StateSupreme Court of Alabama · 1915
  3. Deloney v. StateSupreme Court of Alabama · 1932
  4. Marshall v. StateSupreme Court of Alabama · 1929
  5. Mathis v. StateAlabama Court of Appeals · 1916

10 more not listed; retrieve them via the Exa API.

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