Maloy v. State
Alabama Court of Appeals
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. ' Jim Maloy was convicted of murder in the second degree, and he appeals.
Read the full summary
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. ' Jim Maloy was convicted of murder in the second degree, and he appeals. The defendant was jointly indicted with his father, Y. L. Maloy, for the murder of one McDougal; the evidence tending to show that the Maloys and McDougals were friendly at that time or just prior thereto, but that while on the fair ground at Samson, Ala., the father and the deceased got into an altercation about a bond, which resulted in deceased striking the elder Maloy, whereupon the present defendant rushed into the fray and cut deceased twice in the…
1Opinion of the CourtPelham, J.
— One of the propositions most earnestly insisted upon by the appellant relates to the admission of dying declarations of the deceased, made at different times to the witnesses deposing to them between the time deceased received the fatal wound on the night of Saturday, October 25, 1911, and the hour of his death on the following Monday morning. The contention is *76not based upon an attack on the rules of law so often laid down as to the admissibility of testimony of this nature, but is to the effect that no sufficient predicate was laid for the admission of the evidence in this case, in that…
2Cases cited4 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- Ex parte KeyAlabama Court of Appeals · 1912
- Thomas v. StateSupreme Court of Alabama · 1900
- Henderson v. StateSupreme Court of Alabama · 1908
3Cited by3 opinions
- State v. OchoaNew Mexico Supreme Court · 1937
- Haney v. StateAlabama Court of Appeals · 1924
- Turner v. StateCourt of Criminal Appeals of Alabama · 1981