Carter v. State
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Heard before Hou. A. E. Gamble. Marvin Carter was convicted of murder in the first degree and he appeals.
1Opinion of the Court
MoCLELLAN, J.(1) The appellant has been adjudged guilty of murder in the, first degree. The victim was one Lett. The state’s theory was that the homicide was of an entirely unjustifiable character. The defense was a denial of any participation of any kind, in the killing of Lett, by the accused; an alibi being-offered to sustain his denial. Manifestly the question of guilt vel non was for the jury, under the evidence.
(2, 3) The substance of a dying declaration said to have been made by Lett, under affirmatively proven consciousness of his impending dissolution, was admitted in evidence. There…
2Cases cited11 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- People v. BarkerMichigan Supreme Court · 1886
- Carver v. United StatesSupreme Court of the United States · 1897
- Lester v. StateSupreme Court of Florida · 1896
- Gambrell v. StateMississippi Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cont'nal Natl. Bk. of Ft. Worth v. ConnerTexas Supreme Court · 1948
- Boyette v. BradleySupreme Court of Alabama · 1924
- Arthur v. StateCourt of Criminal Appeals of Alabama · 1984
- Marshall v. StateSupreme Court of Alabama · 1929
- Shields v. StateCourt of Criminal Appeals of Alabama · 1974
9 more not listed; retrieve them via the Exa API.