James v. State
Alabama Court of Appeals
Murder. Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Burley James was convicted of manslaughter in the first degree, and he appeals. The facts sufficiently appear from the opinion. The following charges were refused defendant: (2) If the jury believe from all the evidence that the shooting was accidental, you will find defendant not guilty.
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Murder. Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Burley James was convicted of manslaughter in the first degree, and he appeals. The facts sufficiently appear from the opinion. The following charges were refused defendant: (2) If the jury believe from all the evidence that the shooting was accidental, you will find defendant not guilty. (6) If the jury had a reasonable doubt as to whether the shooting of Donie Wright was intentional or accidental, you will find defendant not guilty. (7) If the jury find that there are conflicts in the evidence offered by the state…
1Opinion of the CourtThomas, J.
The statement of the witness Dr. Hodge (who, after the shooting, professionally attended the deceased), to the effect that defendant came for him to do so, was properly excluded on motion of the solicitor ; and this for two- reasons: First, because such statement was not in response to any question that had been propounded to the witness; and, second, because it does not appear that defendant’s act in going for the witness was any part of the res gestae of the crime.—Maxwell v. State, 11 Ala. App. 53, 65 South. 734; Dick v. State, 87 Ala. 61, 6 South. 395; Lundsford v. State, 2 Ala. App. 41,…
2Cases cited16 opinions
- Johnson v. StateSupreme Court of Alabama · 1891
- Nelson v. StateSupreme Court of Alabama · 1900
- Stoball v. StateSupreme Court of Alabama · 1897
- Martin v. StateSupreme Court of Alabama · 1898
- Fitzgerald v. StateSupreme Court of Alabama · 1895
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3Cited by5 opinions
- Evans v. StateCourt of Criminal Appeals of Alabama · 1976
- Newsom v. StateAlabama Court of Appeals · 1916
- Hickman v. StateAlabama Court of Appeals · 1915
- Thomas v. StateAlabama Court of Appeals · 1915
- Postal Tel.-Cable Co. v. MinderhoutAlabama Court of Appeals · 1916