Fallin v. State
Supreme Court of Alabama
From tbe Circuit Court of Elmore. Tried before the Hon. John Moore. Tbe defendant in tbis case, Jesse T. Fallin, was indicted for the murder of Boss Powell, by striking him with a hoe; was tried on issue joined on.tbe plea of not guilty, convicted of murder in tbe second degree, and sentenced to tbe penitentiary for tbe term óf ten years. On tbe trial be reserved a bill of exceptions, which shows all the points here presented for revision.
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From tbe Circuit Court of Elmore. Tried before the Hon. John Moore. Tbe defendant in tbis case, Jesse T. Fallin, was indicted for the murder of Boss Powell, by striking him with a hoe; was tried on issue joined on.tbe plea of not guilty, convicted of murder in tbe second degree, and sentenced to tbe penitentiary for tbe term óf ten years. On tbe trial be reserved a bill of exceptions, which shows all the points here presented for revision. The homicide was committed, as shown by tbe evidence adduced on the trial, on Saturday evening, May 7th., 1887, in a field belonging to the defendant, or…
1Opinion of the CourtSomebyille, J.
— 1. It was not permissible to corroborate the witness Joe Fallin, by showing that he had made similar statements before the probate judge, or a justice of *8the peace, on a former occasion. Testimony of this kind is hearsay, and not admissible. — Nichols v. Stewart, 20 Ala. 358; 1 Greenl. Ev. (14th Ed.) § 469; Com. v. James, 99 Mass. 438.
2. The second, third and fourth charges, requested by the defendant, were properly refused, on the ground that they all ignored any question as to the practicability of retreat; which duty devolved on. defendant, in case of his being able to do so safely, and…
2Cases cited2 opinions
- Nichols v. StewartSupreme Court of Alabama · 1852
- Commonwealth v. JamesMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
- Cleveland v. StateSupreme Court of Alabama · 1888
- Jarvis v. StateSupreme Court of Alabama · 1902
- Kirby v. StateSupreme Court of Alabama · 1889
- Winter v. StateSupreme Court of Alabama · 1898
- State v. BaldwinSupreme Court of Missouri · 1927
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