Shell v. State
Supreme Court of Alabama
From tbe Circuit Court of Etowab. Tried before tbe Hon. John B. Tally. Tbe indictment in tbis case charged that tbe defendant, Tom Shell, “unlawfully and with malice aforethought, killed George Sargent, by stabbing him with a knife.” On tbe trial, issue being joined on tbe plea of not guilty, tbe defendant was convicted of manslaughter in tbe first degree, and sentenced to tbe penitentiary for tbe term of ten years.
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From tbe Circuit Court of Etowab. Tried before tbe Hon. John B. Tally. Tbe indictment in tbis case charged that tbe defendant, Tom Shell, “unlawfully and with malice aforethought, killed George Sargent, by stabbing him with a knife.” On tbe trial, issue being joined on tbe plea of not guilty, tbe defendant was convicted of manslaughter in tbe first degree, and sentenced to tbe penitentiary for tbe term of ten years. It was shown that the difficulty between tbe parties occurred at tbe mill of tbe deceased, on tbe night of December 19th, 1887; that tbe defendant bad been told that day that the…
1Opinion of the CourtStone, C. J.
Deceased received his death-wound December 19, 1887, and died January 7, 1888. The dying declarations of deceased were introduced in evidence against the defendant, and, as we think, the Circuit Court did not err in receiving them. If the testimony be believed, they were made under a sense of impending death. — Hussey v. State, 87 Ala. 121; 3 Brick. Dig. 226, §§ 663 et seq.
Defendant offered evidence of statements made by deceased after he had received the fatal blow, “which tended to contradict the dying declarations introduced by the State;” but stated it “was not offered” as a dying…
2Cases cited6 opinions
- Hurd v. PeopleMichigan Supreme Court · 1872
- Hussey v. StateSupreme Court of Alabama · 1888
- People v. KnappMichigan Supreme Court · 1872
- Moore v. StateSupreme Court of Alabama · 1848
- Carter v. StateSupreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Spicer v. StateSupreme Court of Alabama · 1914
- Gregory v. StateSupreme Court of Alabama · 1903
- Bell v. StateSupreme Court of Alabama · 1896
- Husch v. StateSupreme Court of Alabama · 1924
- Marshall v. StateSupreme Court of Alabama · 1929
11 more not listed; retrieve them via the Exa API.