Heninburg v. State
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. O. J. Semmes. Antwine Heninburg tras convicted of murder in the 2nd degree and appeals. Antwine Heninburg was indicted and tried for the unlawful killing of Florence Heninburg by shooting her with a pistol.
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Appeal from Mobile Circuit Court. Heard before Hon. O. J. Semmes. Antwine Heninburg tras convicted of murder in the 2nd degree and appeals. Antwine Heninburg was indicted and tried for the unlawful killing of Florence Heninburg by shooting her with a pistol. Dr. Jones was introduced by the state, and testified that he Avas called to see her, and that her death Avas caused by a pistol bullet; that he avhs not present Avhe.n the Avoman died, but that the Avound was necessarily fatal. “Deceased made a statement after I got there, saying she believed she Avould die. Her mind seemed clear and…
1Opinion of the CourtDowdell, J.
The predicate, for admission in evidence of dying declarations was sufficiently made, and the court committed no error in its ruling on this question.
On the cross-examination by the defendant’s counsel of the state’s witness Seabury, the witness was asked the following question: “When he (meaning the defendant) was very much under the influence of whiskey, what was his condition as to being flighty in any way?” An objection by the solicitor was sustained to the question. Without determining whether the evidence sought to be elicited was admissible, it is sufficient to say that the witness…
2Cited by14 opinions
- Sharp v. StateSupreme Court of Alabama · 1915
- Gosa v. StateSupreme Court of Alabama · 1961
- Gilmer v. StateSupreme Court of Alabama · 1913
- Stewart v. StateSupreme Court of Alabama · 1936
- Taylor v. StateAlabama Court of Appeals · 1944
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