Olive v. State
Alabama Court of Appeals
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Elmer Olive was convicted of murder in the second degree, and he appeals.
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Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Elmer Olive was convicted of murder in the second degree, and he appeals. Where a part of the conversation is brought out by the state, the defendant is entitled to the whole of the conversation. — Webb v. The State, 100 Ala. 52; Maddox v. The State, 48 So. 689; 56 So. 62; lb. 67. These statements were close to the time and place of the fatal rencounter and formed a part of the res gestae. — Smith v. The State, 53 Ala. 486. The threat excluded by the court should have been admitted. — Fort v. The State, 71 Ala. 396; Boss v.…
1Opinion of the Court
db GRAFFENRIED, J.
In this case the evidence was such that the defendant had the right to introduce evidence of threats made by the deceased against his life. The court permitted the defendant to prove by two or three witnesses that they heard, on the day of the homicide, the deceased make threats against the life of the defendant. One of these witnesses testified that he saw the deceased a few hours before the homicide and heard him say “I want to find that damned son of a bitch Elmer Olive. I am going to kill the damned son of a bitch tonight.” Another of these witnesses testified that he…
2Cases cited2 opinions
- Whizenant v. StateSupreme Court of Alabama · 1882
- Knight v. StateSupreme Court of Alabama · 1909
3Cited by3 opinions
- Humber v. StateAlabama Court of Appeals · 1923
- Mathis v. StateAlabama Court of Appeals · 1916
- Olive v. StateAlabama Court of Appeals · 1913