Gissendanner v. State
Alabama Court of Appeals
Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Brice Gissendanner, alias, etc., was convicted of manslaughter in the first degree, and he appealed.
1Opinion of the CourtSamford, J.
On the trial of the case the wife of the deceased, over the timely objection of defendant, was permitted to testify that shortly before bis death deceased had said “Bricie [meaning defendant] had robbed him.” This testimony was not admissible for two reasons: First, no predicate had been laid for a dying declaration; Second, the statement was a conclusion. Pilcher v. State, 16 Ala. App. 237, 77 South. 75; Pressley v. State, 166 Ala. 17, 52 South. 337; Reaves v. State, 158 Ala. 5, 48 South. 373; Oliver v. State, 17 Ala. 587; Autrey v. State, 190 Ala. 10, 67 South. 237. Further, this evidence…
2Cases cited5 opinions
- Oliver v. StateSupreme Court of Alabama · 1850
- Pilcher v. StateAlabama Court of Appeals · 1917
- Autrey v. StateSupreme Court of Alabama · 1914
- Reaves v. StateSupreme Court of Alabama · 1909
- Pressley v. StateSupreme Court of Alabama · 1910
3Cited by4 opinions
- Thomas v. StateSupreme Court of Alabama · 1951
- Le Nier v. StateAlabama Court of Appeals · 1923
- Ratliff v. StateAlabama Court of Appeals · 1923
- Thomas v. StateSupreme Court of Alabama · 1951