Faire v. State
Supreme Court of Alabama
Appeal from City Court of Mobile. Tried before Hon. O. J. Semites. Han Eaire alias Han Farrell, was convicted of the murder of Peter Cornell, and sentenced to be banged. On the trial the State introduced one Neil, who testified that hearing Cornell had been cut, he went to his room and found deceased in bed.
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Appeal from City Court of Mobile. Tried before Hon. O. J. Semites. Han Eaire alias Han Farrell, was convicted of the murder of Peter Cornell, and sentenced to be banged. On the trial the State introduced one Neil, who testified that hearing Cornell had been cut, he went to his room and found deceased in bed. Witness then went to the guardhouse and reported the cutting, and returned about ten o’clock that night, when either the witness or officer Hupree, who. was then present, asked Cornell how he felt. “Heceased replied that he was going to die; that he would die in ten or fifteen minutes.…
1Opinion of the CourtStone, J.
‘The witness, Pendergrast, was permitted to testify, against the objection of defendant, that in a conversation between witness and deceased, had prior to the al- ■ leged killing, the deceased spoke of the prisoner, Eaire, during a conversation which related to the Walsh robbery. What was said was not permitted to be shown; but the evident tendency of the testimony, and the order in which it was stated, was to connect the prisoner’s name with the ‘Walsh robbery.’ This was clearly irrelevant. It was but a repetition of unsworn hearsay, and we can not perceive its materiality, if proved as a…
2Cases cited6 opinions
- People v. HarringtonCalifornia Supreme Court · 1871
- Campbell v. StateSupreme Court of Alabama · 1853
- Ingram v. StateSupreme Court of Alabama · 1864
- Baalam v. StateSupreme Court of Alabama · 1850
- Edgar v. StateSupreme Court of Alabama · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Ex Parte WindsorSupreme Court of Alabama · 1996
- Kilgore v. StateSupreme Court of Alabama · 1883
- Ingram v. StateSupreme Court of Alabama · 1880
- Smith v. StateSupreme Court of Alabama · 1946
- State v. McKayNevada Supreme Court · 1946
28 more not listed; retrieve them via the Exa API.