Lang v. State
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Pone Lang was convicted of manslaughter in the first degree, and he appeals. The court, at the request of the solicitor, gave the following charges: “(1) You are the sole judges as to the credibility of the witnesses. (2) You are the sole judges as to the weight that should be given the testimony.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Pone Lang was convicted of manslaughter in the first degree, and he appeals. The court, at the request of the solicitor, gave the following charges: “(1) You are the sole judges as to the credibility of the witnesses. (2) You are the sole judges as to the weight that should be given the testimony. (3) The defendant is a competent witness in. his own behalf, yet in considering his testimony you would be authorized to weigh it in the light of the interest he has in the result of your verdict, together with all the testimony…
1Opinion of the CourtAnderson, J.
The witness Clark testified that the deceased was not only conscious, but knew he was going to die, and told him that “he was killed and bound to die.” The witness did not encourage him, but told him he thought he would die. We think a sufficient predicate was laid for the admission of the dying declaration.—Clark v. The State, 105 Ala. 91, 17 South. 37, and cases cited. It is true, there was evidence, subsequently introduced by the defendant, tending to contradict Clark as to the condition of the deceased, and tending to show that he did not charge the defendant with shooting him, but this…
2Cases cited1 opinion
- Clark v. StateSupreme Court of Alabama · 1894
3Cited by1 opinion
- McMillan v. StateAlabama Court of Appeals · 1917