Parker v. State
Alabama Court of Appeals
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. John Parker was convicted of murder in the second degree, and appeals.
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Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. John Parker was convicted of murder in the second degree, and appeals. The dying declarations were not based on sufficient predicate to authorize their admission. — Titus v. State, 117 Ala. 16; Nordan v. State, 143 Ala. 15; Justice v. State, 99 Aia. 180; Kilgore v. State, 74 Ala. 1. Relationship of witnesses is material on the question of credibility. — Ludlow v. State, 156 Ala. 58. The words and conduct of the parties at the time of the difficulty are admissible. ■ — Young v. State, 149 Ala. 16; Kelson v. State, 130 Ala. 84;…
1Opinion of the CourtPelham, J.
No general rule can be laid down for the admission of dying declarations, and, as the circumstances of each case will show whether the requisite consciousness of a conviction of impending dissolution existed, it is “poor policy,” says Prof. Wigmore in his treatise on Evidence (page 1809, § 1442), to disturb the ruling of the trial judge upon the meaning of these circumstances. This principle laid down by Prof. Wig-more has been recently quoted and cited with approval by our Supreme Court. — Parker v. State, 165 Ala. 1. In the case presented, the attending circumstances and the condition of…
2Cases cited5 opinions
- Oakley v. StateSupreme Court of Alabama · 1902
- Parker v. StateSupreme Court of Alabama · 1909
- Beck v. StateSupreme Court of Alabama · 1885
- Ex parte KeyAlabama Court of Appeals · 1912
- Coleman v. StateAlabama Court of Appeals · 1914
3Cited by10 opinions
- Stokley v. StateSupreme Court of Alabama · 1950
- Hunt v. StateSupreme Court of Alabama · 1946
- Marshall v. StateSupreme Court of Alabama · 1929
- Pilcher v. StateAlabama Court of Appeals · 1917
- Hayes v. StateAlabama Court of Appeals · 1948
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