Key v. State
Alabama Court of Appeals
Appeal from Bussell Circuit Court. Heard before Hon. M. S'ollie. El Key ivas convicted of murder and he appeals. The court was in error in permitting the declarations of the decedent to go to the jury as dying declarations. — Justice v. The State, 99 Ala. 180; Sims v. The State, 139 Ala 74; Tioitty v. The State, 168 Ala. 59. The court was especially in error in admitting the declaration that defendant shot deceased because deceased had turned him up for selling whisky. —…
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Appeal from Bussell Circuit Court. Heard before Hon. M. S'ollie. El Key ivas convicted of murder and he appeals. The court was in error in permitting the declarations of the decedent to go to the jury as dying declarations. — Justice v. The State, 99 Ala. 180; Sims v. The State, 139 Ala 74; Tioitty v. The State, 168 Ala. 59. The court was especially in error in admitting the declaration that defendant shot deceased because deceased had turned him up for selling whisky. — Oliver v. The State, 17 Ala. 587; JoJmson v. The State, 17 Ala. 687. Hightower was not shown to be an expert, and hence was…
1Opinion of the CourtPelham, J.
The statements made by the deceased shortly before his death under the circumstances they were made show that he realized that he was in ex-tremis, and were properly admitted as a dying declaration. — Ex Parte Key, 5 Ala. App. 274, 59 South. 331; Gilmer v. State, 61 South. 377.
*5The statement made by the trial judge that “this case is going to be submitted to the jury tonight” does not show, in our opinion, as contended in argument for appellant, that the court violated the constitutional guaranty given the defendant to have “a fair and impartial trial before a lawful jury.” The recitals of the…
2Cases cited15 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Gafford v. StateSupreme Court of Alabama · 1899
- Williams v. StateSupreme Court of Alabama · 1906
- Montgomery v. StateSupreme Court of Alabama · 1909
- Hudson v. StateSupreme Court of Alabama · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Watson v. StateCourt of Criminal Appeals of Alabama · 1980
- Jarrell v. StateAlabama Court of Appeals · 1949
- Tucker v. StateAlabama Court of Appeals · 1951
- Foote v. StateAlabama Court of Appeals · 1917
- Davis v. StateAlabama Court of Appeals · 1950
4 more not listed; retrieve them via the Exa API.