May v. State
Supreme Court of Alabama
FROM the Circuit Court of Limestone. Tried before the Hon. W. B. Wood, Tbe indictment in this case, which contained but a single count, and was found at the May term of said court, 1876, charged the defendants, Phil May and John Pearson, with the murder of James Akard, as the name is copied into the record.
Read the full summary
FROM the Circuit Court of Limestone. Tried before the Hon. W. B. Wood, Tbe indictment in this case, which contained but a single count, and was found at the May term of said court, 1876, charged the defendants, Phil May and John Pearson, with the murder of James Akard, as the name is copied into the record. They were jointly tried, pleaded not guilty, were convicted of murder in the first degree, and sentenced to imprisonment in the penitentiary for life, the judgment being-in these words: “It-is therefore considered and adjudged by the court, that the defendants be confined in the…
1Opinion of the Court
MANNING, J. —
The declarations of a person dying from wounds, concerning the person who inflicted them — made, not under oath, or generally in the presence of the person inculpated by them — when allowed to be proved as evidence against him, are admitted as such without compliance with the general rules established for eliciting truth by other testimony. These “dying declarations” have, therefore, received much consideration from courts, and writers on the law of evidence; and the first requirement respecting them is, that they shall not be admitted, “ unless it appear to the* court that they…
2Cases cited1 opinion
- Walker v. StateSupreme Court of Alabama · 1875
3Cited by3 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Lakey v. StateAlabama Court of Appeals · 1922
- Cotney v. StateAlabama Court of Appeals · 1945