Carter v. State
Supreme Court of Alabama
Appeal from Circuit Court, Limestone County; O. Kyle, Judge. Charley Carter was convicted of murder in the second degree, and he appealed. The party killed was Dave Robinson, and his brother testifying, stated that lie had a conversation with Dave before the doeter examined him, in which Dave stated that he was going to die. The doctor then examined him, and told him that there was not a chance for him, and Dave then made a statement to the doctor in presence 'of witnesses.
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Appeal from Circuit Court, Limestone County; O. Kyle, Judge. Charley Carter was convicted of murder in the second degree, and he appealed. The party killed was Dave Robinson, and his brother testifying, stated that lie had a conversation with Dave before the doeter examined him, in which Dave stated that he was going to die. The doctor then examined him, and told him that there was not a chance for him, and Dave then made a statement to the doctor in presence 'of witnesses. The witness was then permitted to detail the statement made. The witness Jarrett testified that he did not see the…
1Opinion of the CourtSayre, J.
Indictment for murder; conviction of murder in the second degree.
[1, 2] The question calling for the dying declaration of deceased was supported 'by a proper predicate. Gerald v. State, 128 Ala. 6, 29 South. 614; Sims v. State, 139 Ala. 74, 30 South. 138, 101 Am. St. Rep. 17; McEwen v. State, 152 Ala. 38, 44 South. 619. If any part of the answer was outside the proper scope of a dying declaration, the motion to exclude was addressed to- it as a whole, and hence was properly overruled. Autrey v. State, 190 Ala. 10, 67 South. 237.
[3-5] The only ground of objection taken against the state’s…
2Cases cited9 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- Floyd v. StateSupreme Court of Alabama · 1886
- Sims v. StateSupreme Court of Alabama · 1903
- Wade v. StateSupreme Court of Alabama · 1874
- Grimes v. StateSupreme Court of Alabama · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Higginbotham v. StateSupreme Court of Alabama · 1955
- Bankhead v. StateAlabama Court of Appeals · 1947
- Hall v. StateSupreme Court of Alabama · 1922
- Sanders v. StateSupreme Court of Alabama · 1943
- Cook v. StateCourt of Criminal Appeals of Alabama · 1980
15 more not listed; retrieve them via the Exa API.