Wilson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. N. D. Denson. The appellant in this case, Walter Wilson, was indicted for the murder of John Webb, was convicted of murder in the second degree and sentenced to the penitentiary for tiventy-five years.
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Appeal from the Circuit Court of Autauga. Tried before the Hon. N. D. Denson. The appellant in this case, Walter Wilson, was indicted for the murder of John Webb, was convicted of murder in the second degree and sentenced to the penitentiary for tiventy-five years. There was evidence introduced showing that the deceased, John Webb, was killed by being shot with a pistol, by the defendant. testified that he was near the place of the killing and saw Webb immediately after he was shot; that he was about 100 yards away; that he was attracted by two shots. This witness further testified that he…
1Opinion of the CourtMcOLELLAN, C. J.
The usual form of the inquiry on the subject is to ask the witness AArhether he heard the defendant make any threats against the deceased. If this form of question is objectionable as calling for a conclusion, no harm results AAdiere the Avitness, as did Hooks and Parrish in this case, answers by repeating a declaration made by the defendant which is a threat against the deceased.
Threats by the deceased against the defendant are inadmissible unless it is proposed to show that they were ’ communicated to the defendant, or that there is a question in the case as to Avhether the deceased was the…
2Cases cited5 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Johnson v. StateSupreme Court of Alabama · 1891
- Jacobi v. StateSupreme Court of Alabama · 1901
- Compton v. StateSupreme Court of Alabama · 1895
- Sanders v. StateSupreme Court of Alabama · 1901
3Cited by25 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Turner v. StateSupreme Court of Alabama · 1909
- Reeves v. StateSupreme Court of Alabama · 1956
- Shirley v. StateSupreme Court of Alabama · 1906
- Montgomery v. StateSupreme Court of Alabama · 1909
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