Naugher v. State
Alabama Court of Appeals
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Wert Naugher was convicted of manslaughter in the first degree, and he appeals. Charge A is as follows: “The court charges that if the state’s Avitnesses have exhibited prejudice or anger against the defendant, and satisfied you that they have not testified truly and are not worthy of belief, and you think their testimony should be disregarded, you may disregard it altogether.”
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Wert Naugher was convicted of manslaughter in the first degree, and he appeals. Charge A is as follows: “The court charges that if the state’s Avitnesses have exhibited prejudice or anger against the defendant, and satisfied you that they have not testified truly and are not worthy of belief, and you think their testimony should be disregarded, you may disregard it altogether.” The court erred in admitting the statements of deceased as dying declarations. — Justice v. The State, 99 Ala. 181; Kilgore v. The State, 74 Ala.…
1Opinion of the CourtPelham, J.
A proper predicate was shown for the admission of the dying declaration testified to by the witness J. P. Ellidge. The witness testified that the declarant, while confined to his bed with a serious knife wound inflicted in the abdomen, from the effects of which he died in about six weeks, told him that he was “going to die,” that he “never expected to get well,” and wanted to make the statement before he died. This Avas sufficient to shoAV that the declarant Avas impressed with the belief that death Avas impending, and that he cotild not possibly recover, and constituted sufficient proof to…
2Cases cited16 opinions
- Hammond v. StateSupreme Court of Alabama · 1906
- Pate v. StateSupreme Court of Alabama · 1907
- Walker v. StateSupreme Court of Alabama · 1903
- Montgomery v. StateSupreme Court of Alabama · 1909
- Titus v. StateSupreme Court of Alabama · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chestnut v. StateAlabama Court of Appeals · 1913
- Stinson v. StateAlabama Court of Appeals · 1914
- Branch v. StateAlabama Court of Appeals · 1914
- McCray v. StateAlabama Court of Appeals · 1953
- Williams v. StateAlabama Court of Appeals · 1922
3 more not listed; retrieve them via the Exa API.