Rogers v. State
Alabama Court of Appeals
Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Aubrey Rogers was indicted for murder in the first degree, convicted of manslaughter in the first degree, and he appeals. It is alleged in the indictment that defendant killed Will Rogers by shooting him with a gun. The facts sufficiently appear. The following charges were refused to defendant: (Al) Affirmative charge. (E) If you believe the evidence, defendant has proven a good character for truth.
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Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Aubrey Rogers was indicted for murder in the first degree, convicted of manslaughter in the first degree, and he appeals. It is alleged in the indictment that defendant killed Will Rogers by shooting him with a gun. The facts sufficiently appear. The following charges were refused to defendant: (Al) Affirmative charge. (E) If you believe the evidence, defendant has proven a good character for truth. (F) If you believe the evidence, the state has not proven that the character of defendant for truth is bad. (G) The court' charges…
1Opinion of the CourtBrown, P. J.
[1] The declarations of the deceased a few moments before the homicide deposed to by the witness Browder to the effect that he was going home because he did not want to have trouble with the defendant and his brother “were verbal acts indicating a present purpose and intention,” and were properly admitted in evidence, whether they were heard by the defendant or not. Burton v State, 115 Ala. 10, 22 South. 585.
[2, 3] It was not permissible under the res gestae rule for the defendant to show that deceased, after the shooting, went into the house and reloaded his pistol; nor was the fact that the…
2Cases cited19 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Harris v. StateSupreme Court of Alabama · 1892
- Burton v. StateSupreme Court of Alabama · 1896
- Smith v. StateSupreme Court of Alabama · 1913
- Andrews v. StateSupreme Court of Alabama · 1909
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
- Adams v. StateAlabama Court of Appeals · 1947
- Hardaman v. StateAlabama Court of Appeals · 1919
- Bush v. StateAlabama Court of Appeals · 1923
- Thornton v. StateSupreme Court of Alabama · 1950
6 more not listed; retrieve them via the Exa API.