Jones v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Dalias Jones was convicted of murder in tlie second degree and be appeals. The acts and declarations admitted in evidence were not a part of the res gestae. 142 Ala. 112, 38 South. 261; 91 Ala. 39, 8 South. 689; 187 Ala. 1, 65 South. 950; 155 Ala. 44, 46 South. 259; 88 Ala. 73, 7 South. 52; 68 South. 544; 15 Ala.
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Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Dalias Jones was convicted of murder in tlie second degree and be appeals. The acts and declarations admitted in evidence were not a part of the res gestae. 142 Ala. 112, 38 South. 261; 91 Ala. 39, 8 South. 689; 187 Ala. 1, 65 South. 950; 155 Ala. 44, 46 South. 259; 88 Ala. 73, 7 South. 52; 68 South. 544; 15 Ala. App. 135, 72 South. 608. The testimony complained of was a part of the whole transaction and was admissible. 62 Ala. 224; 63 Ala. 173; 81 Ala. 20, 1 South. 577: 86 Ala. 16, 5 South. 651; 146 Ala. 66, 41 South. 274.
1Opinion of the CourtBricken, P. J.
Under the evidence, as disclosed by this record, the defendant was not entitled to the general affirmative charge requested in writing, and there was no error in the ruling of the court in refusing this charge.
[1] The main and determining question on this appeal is whether the court erred in admitting evidence as to the particulars of a former difficulty which occurred between the deceased and the defendant. The only possible theory upon which the particulars of the former difficulty was admitted is that they were a part of the res gestee. In a case of this' character, it is always…
2Cases cited4 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Minor v. StateAlabama Court of Appeals · 1917
- Allsup v. StateAlabama Court of Appeals · 1916
- Quinn v. StateAlabama Court of Appeals · 1911
3Cited by22 opinions
- Seibold v. StateSupreme Court of Alabama · 1970
- Hill v. StateCourt of Criminal Appeals of Alabama · 1978
- Duncan v. State.Court of Criminal Appeals of Alabama · 1983
- Moulton v. StateAlabama Court of Appeals · 1923
- Arnold v. StateAlabama Court of Appeals · 1922
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