Legal Opinion

Blackburn v. State

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 8 opinions

Ekom: the City Court of Montgomery. Tried before the HoN. Thomas M. Arrington. The facts sufficiently appear from the opinion of the Court. insisted thab the predicate for the admission of the declarations of deceased, as his dying declarations, was not sufficiently laid; and, filed a brief and argument, citing Hussey v. State, 87 Ala. 127; Walker v. State, 52 Ala. 192; May v. State, 55 Ala. 41; Kil-gore v. State, 74 Ala. 2; Russell on Crimes, 9 Ed. 3 Yol. pp. 250-2-3. cited…

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Ekom: the City Court of Montgomery. Tried before the HoN. Thomas M. Arrington. The facts sufficiently appear from the opinion of the Court. insisted thab the predicate for the admission of the declarations of deceased, as his dying declarations, was not sufficiently laid; and, filed a brief and argument, citing Hussey v. State, 87 Ala. 127; Walker v. State, 52 Ala. 192; May v. State, 55 Ala. 41; Kil-gore v. State, 74 Ala. 2; Russell on Crimes, 9 Ed. 3 Yol. pp. 250-2-3. cited Ward v. State, 78 Ala. 44Í; McLean v. State, 16 Ala. 672; Willis v. State, 74 Ala. 21; 1 Gr. Ev. §§ 158-60 and Wharton…

1Opinion of the CourtHaralson, J.

Two witnesses, Ur. Hill and J. B. Scott, were examined by the State, preliminary to the admission of what are termed the dying declaration of the deceased.

The substance of the Doctor’s evidence was, that he was called to see the deceased, and in the presence of another party who aided him, examined the wound, and came to the conclusion that it was fatal; that he said to the party assisting him, in the presence and hearing of deceased, “that all the shot had gone to the hollow;” that deceased made no reply to this remark; that he did not ask witness what he thought would be the result of the…

2Cases cited4 opinions

  1. Hussey v. StateSupreme Court of Alabama · 1888
  2. Kilgore v. StateSupreme Court of Alabama · 1883
  3. Ward v. StateSupreme Court of Alabama · 1885
  4. Walker v. StateSupreme Court of Alabama · 1875

3Cited by8 opinions

  1. Thomas v. StateSupreme Court of Alabama · 1951
  2. Cole v. StateSupreme Court of Alabama · 1894
  3. Gerald v. StateSupreme Court of Alabama · 1900
  4. Wratislaw v. StateCourt of Criminal Appeals of Oklahoma · 1921
  5. Clark v. StateSupreme Court of Alabama · 1894

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