Clark v. State
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. The appellant was indicted and tried for the killing of Will Love, and was convicted of murder in the second degree, and sentenced to the penitentiary for 15 years.
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Appeal from the City Court of Talladega. Tried before the Hon. John W. Bishop. The appellant was indicted and tried for the killing of Will Love, and was convicted of murder in the second degree, and sentenced to the penitentiary for 15 years. The testimony introduced on the trial shows that the defendant and the deceased, Will Love, got into a difficulty on Sunday, January 28, 1894, before the finding of the indictment, in which difficulty the defendant struck the deceased with an axe, and that said Love died on the following Monday night. The evidence tended to show that Love died from the…
1Opinion of the CourtHaralson, J.
1. The evidence tends to show that the deceased came to his death by being struck in the stomach with an axe by defendant; and there was evidence also tending to show, that defendant did not strike deceased in the stomach but on the arm with the axe, and that he died from other causes. It was material, therefore, for the prosecution to show, that the blow inflicted by defendant on deceased was in his stomach, and that it caused his death. For these purposes the statements of the deceased, offered as dying declarations, were relevant, and the evidence shows that they were properly admitted, as…
2Cases cited5 opinions
- Pierson v. StateSupreme Court of Alabama · 1892
- Hammil v. StateSupreme Court of Alabama · 1891
- Lang v. StateSupreme Court of Alabama · 1887
- Gamble v. CaldwellSupreme Court of Alabama · 1893
- Blackburn v. StateSupreme Court of Alabama · 1893
3Cited by5 opinions
- Pitts v. StateSupreme Court of Alabama · 1903
- Heningburg v. StateSupreme Court of Alabama · 1907
- Curtis v. StateSupreme Court of Alabama · 1897
- Smith v. StateSupreme Court of Alabama · 1902
- Lang v. StateSupreme Court of Alabama · 1910