Anderson v. State
Supreme Court of Alabama
From the Circuit Court of Cherokee. Tried before the Hon. James Aiken. The defendant in this case, Peter Anderson, a freed man, was indicted for the murder of Tom Davenport, another freedman, by shooting him with a gun ; was tried on issue joined on the plea of not guilty, convicted of murder in the first degree, and sentenced to the penitentiary for life.
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From the Circuit Court of Cherokee. Tried before the Hon. James Aiken. The defendant in this case, Peter Anderson, a freed man, was indicted for the murder of Tom Davenport, another freedman, by shooting him with a gun ; was tried on issue joined on the plea of not guilty, convicted of murder in the first degree, and sentenced to the penitentiary for life. On the trial, he reserved a bill of exceptions to several rulings of the court on the admissibility of evidence, which are the ouly matters here presented for revision. It was shown that the deceased was shot one night in October, 1885, and…
1Opinion of the CourtSomeryille, J.
We think it clear that the predicate *8was sufficient to authorize the admission of the dying declarations'of the deceased. He was fatally wounded by being shot with a gun, from the effects of which he immediately fell to the ground. He lay there perfectly helpless, bleeding profusely from his wound, and spitting blood frequently. He was discovered, in a few minutes after the report of the gun was heard, and was suffering with great pain, and groaning heavily. He declared that he was going to die on the spot where he had fallen — that he “had a death-load in him, and would not get over it,” —…
2Cases cited8 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
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- Jones v. StateSupreme Court of Alabama · 1884
- Kilgore v. StateSupreme Court of Alabama · 1883
- Reynolds v. StateSupreme Court of Alabama · 1881
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3Cited by16 opinions
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- Sharp v. StateSupreme Court of Alabama · 1915
- Jarvis v. StateSupreme Court of Alabama · 1902
- State v. LarkinsIdaho Supreme Court · 1897
- Sims v. StateSupreme Court of Alabama · 1903
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