Reynolds v. State
Supreme Court of Alabama
From the Circuit Court of Limestone. Tried before the Hon. H. C. Speaee. Tbe prisoner in this case, Daniel Eeynolds, was indicted for tlie murder of Charles Bobinson, “ by shooting him with a pistol;” was duly arraigned at the May term, 1881, of said Circuit Court, and tried on issue joined on the plea of not guilty; was convicted of manslaughter, and sentenced to im- . prisonment in the penitentiary for the term of five years.
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From the Circuit Court of Limestone. Tried before the Hon. H. C. Speaee. Tbe prisoner in this case, Daniel Eeynolds, was indicted for tlie murder of Charles Bobinson, “ by shooting him with a pistol;” was duly arraigned at the May term, 1881, of said Circuit Court, and tried on issue joined on the plea of not guilty; was convicted of manslaughter, and sentenced to im- . prisonment in the penitentiary for the term of five years. During the trial, the defendant reserved several exceptions to the rulings of the court; but, by written agreement entered of record, to the effect that the bill of…
1Opinion of the CourtSomeryille, J.
Dying declarations are admissible only in cases of homicide, where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of such declarations.—1 Greenl. Ev. § 156; 2 Lead. Cr. Cases, (B. & H.) 232. In other words, they are admitted “to identify the prisoner and the deceased, to establish the circumstances of the res gestee, and to show the transactions from which the death results.”—Whart. Cr. Ev. § 278; 1 Brick. Dig. p. 511, § 891; Clark’s Cr. Dig. § 355.
When, however, they relate to former and distinct transactions, and embrace facts or…
2Cases cited4 opinions
- Borland v. MayoSupreme Court of Alabama · 1845
- Ben v. StateSupreme Court of Alabama · 1861
- Johnson v. StateSupreme Court of Alabama · 1872
- Shorter v. StateSupreme Court of Alabama · 1879
3Cited by29 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- Lipscomb v. StateMississippi Supreme Court · 1897
- Sowell v. StateAlabama Court of Appeals · 1941
- Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
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