Harper v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Eurman Harper was convicted of manslaughter, and he appeals. Charge 6 refused to defendant is as follows : There are many reasons why dying declarations should be received and weighed with great caution: (1) They are necessarily wanting in that test of the credibility of oral testimony, cross-examination. (2) The jury are without the opportunity of observing the temper and manner of the declarant.
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Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Eurman Harper was convicted of manslaughter, and he appeals. Charge 6 refused to defendant is as follows : There are many reasons why dying declarations should be received and weighed with great caution: (1) They are necessarily wanting in that test of the credibility of oral testimony, cross-examination. (2) The jury are without the opportunity of observing the temper and manner of the declarant. (3) Such testimony is generally given by relatives and friends of deceased who had watched by his bedside, and bias in his favor is…
1Opinion of the CourtBrown, P. J.
This is the second appeal in this case. Harper v. State, 13 Ala. App. 47, 69 South. 302. The only matters urged in brief of the appellant by his able counsel are the refusal of charge 6 and the denial of the motion for new trial.
[1] Charge 6, though literally quoted from the opinion of thp court in Shell v. State, 88 Ala. 17, 7 South. 40, is argumentative and was properly refused. Newsom v. State, 15 Ala. App. 43, 72 South. 579; Pope v. State, 174 Ala. 63, 57 South. 245.
[2] The testimony of the jurors, on grounds of public policy, was not admissible to impeach the verdict; and the objection…
2Cases cited5 opinions
- Pope v. StateSupreme Court of Alabama · 1911
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
- Newsom v. StateAlabama Court of Appeals · 1916
- City of Eufaula v. SpeightSupreme Court of Alabama · 1898
- Harper v. StateAlabama Court of Appeals · 1915
3Cited by11 opinions
- Knight v. StateSupreme Court of Alabama · 1962
- Leith v. StateSupreme Court of Alabama · 1921
- Lakey v. StateSupreme Court of Alabama · 1952
- Brackin v. StateAlabama Court of Appeals · 1943
- Mullins v. StateAlabama Court of Appeals · 1930
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