Roberts v. State
Supreme Court of Alabama
From the Circuit Court of Monroe. Tried before tbe Hon. H. T. Toulmin. The defendant in this case, Charles Roberts, was indicted in October, 1879, for the murder of Duncan Rankin, by shooting him with a gun.
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From the Circuit Court of Monroe. Tried before tbe Hon. H. T. Toulmin. The defendant in this case, Charles Roberts, was indicted in October, 1879, for the murder of Duncan Rankin, by shooting him with a gun. Having been arraigned, the defendant moved to quash the indictment, “for reasons shown by the records of the court in the venire for the summoning of the grand jury for the October term of said court, 1879, and in the minute-entry of said term as to the formation of said grand jury at said term, and on these further grounds,”' specifying his several grounds, each of which alleged, in…
1Opinion of the CourtSomebyille, J.
The former rule was, that uncommu-nicated threats, in cases of homicide, made by the deceased against the accused, were not competent evidence for the latter, unless they constituted a part of the res gestee.—State v. Carroll, 23 Ala. 28; Clark’s Man. Cr. Law, p. 63, § 396. In Burns v. The State, 49 Ala. 370, this was laid down as the general rule, liable to certain exceptions. There is, however, apparent in the more recent cases a decided modification of this doctrine, greatly favorable to the admission of such evi-*164denee, in many instances where it was formerly excluded, Wiggins v. The…
2Cases cited24 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Mitchell v. StateSupreme Court of Alabama · 1877
- Keener v. StateSupreme Court of Georgia · 1855
- Eiland v. StateSupreme Court of Alabama · 1875
- Campbell v. PeopleIllinois Supreme Court · 1854
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3Cited by68 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Gunter v. StateSupreme Court of Alabama · 1895
- Smith v. StateSupreme Court of Alabama · 1916
- Cleveland v. StateSupreme Court of Alabama · 1888
- Turner v. StateSupreme Court of Alabama · 1909
63 more not listed; retrieve them via the Exa API.