Brown v. State
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. Joseph H. Nathan. Tlie record showed, after setting out the arraignment by reading the indictment to the defendant and his plea of not guilty thereto, as follows: “It'is ordered by the court, on motion of the solicitor, the defendant, George Brown, being present in person and by attorney, that the trial of this case be set for Wednesday, April 25, 1906. The number of jurors to be drawn was fixed by the court at 35. On the…
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Appeal from Colbert Circuit Court. Heard before Hon. Joseph H. Nathan. Tlie record showed, after setting out the arraignment by reading the indictment to the defendant and his plea of not guilty thereto, as follows: “It'is ordered by the court, on motion of the solicitor, the defendant, George Brown, being present in person and by attorney, that the trial of this case be set for Wednesday, April 25, 1906. The number of jurors to be drawn was fixed by the court at 35. On the order of the court, the box containing the names of .the jurors of Colbert county, Ala., was brought into the couitroom,…
1Opinion of the CourtAndebson, J.
The record shows a sufficient compliance with the statute as to setting case, drawing jury, etc. — §§ 5004, 5005 of the Code of 1896.
The defendant sustained no injury as to the exclusion of the evidence as to “old holes in the bones of deceased.”
The predicate for the dying declarations was sufficient.—Gregory v. State, 140 Ala. 16, 37 South. 259; McQueen v. State, 94 Ala. 50, 10 South. 433.
In the absence of any evidence of flight, the fact that defendant surrendered to the sheriff after the killing was not admissible. He could not by his subsequent act make evidence for himself, and the fact…
2Cases cited6 opinions
- Gilmore v. StateSupreme Court of Alabama · 1892
- Gregory v. StateSupreme Court of Alabama · 1903
- Shirley v. StateSupreme Court of Alabama · 1906
- Pitts v. StateSupreme Court of Alabama · 1903
- Tribble v. StateSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Husch v. StateSupreme Court of Alabama · 1924
- Coates v. StateAlabama Court of Appeals · 1911
- Minor v. StateAlabama Court of Appeals · 1917
- Reeder v. StateSupreme Court of Alabama · 1923
- Hendley v. StateSupreme Court of Alabama · 1917
6 more not listed; retrieve them via the Exa API.