Tatum v. State
Supreme Court of Alabama
Appeal from the 'Circuit Court of Autauga. Tried before the Hon. A. H. Alston. The appellant, James Tatum, was indicted, and tried for the murder of one James Webb, was convicted of murder in the first degree, and sentenced to the penitentiary for life. The evidence for the State showed that James Webb was waylaid and killed by being shot with a shot gun in 1894; and the evidence for the State tending to connect the defendant with said killing was circumstantial.
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Appeal from the 'Circuit Court of Autauga. Tried before the Hon. A. H. Alston. The appellant, James Tatum, was indicted, and tried for the murder of one James Webb, was convicted of murder in the first degree, and sentenced to the penitentiary for life. The evidence for the State showed that James Webb was waylaid and killed by being shot with a shot gun in 1894; and the evidence for the State tending to connect the defendant with said killing was circumstantial. The defendant introduced evidence tending to show that at the time of the killing of Webb occurred, the defendant was not present,…
1Opinion of the CourtSi-Iarpe, J.
The evidence against defendant being circumstantial he had the right to adduce legal evidence to show that another committed the offense with which he ivas charged. But neither for that or other purpose was he privileged to prove declarations made by the deceased before he was shot and which were not of the res gestae of the shooting concerning his previous or anticipated difficulties with one Rawlinson. Testimony of such declarations would have been hearsay merely and, therefore, defendant’s offer of such testimony was properly rejected. — Dodd v. State, 92 Ala. 61; Jackson v. State, 52 Ala.…
2Cases cited7 opinions
- Mose v. StateSupreme Court of Alabama · 1860
- Albritton v. StateSupreme Court of Alabama · 1891
- Josephine v. StateMississippi Supreme Court · 1872
- Owensby v. StateSupreme Court of Alabama · 1886
- Baker v. StateSupreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Green v. StateSupreme Court of Alabama · 1953
- McDonald v. StateSupreme Court of Alabama · 1910
- State v. LongSupreme Court of Vermont · 1922
- Bowen v. StateSupreme Court of Alabama · 1903
- McAdams v. StateCourt of Criminal Appeals of Alabama · 1979
14 more not listed; retrieve them via the Exa API.