Autrey v. State
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. John Thomas Autrey was convicted of murder, and he appeals. The motion to quash was based on three grounds: (1) Because there appears upon said copy of the venire served upon defendant the name of Elvin G. Adams, and no such person is drawn and summoned. (2) Same as to Biggie Williams. (3) Same as to Wm. H. Mobley.
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Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. John Thomas Autrey was convicted of murder, and he appeals. The motion to quash was based on three grounds: (1) Because there appears upon said copy of the venire served upon defendant the name of Elvin G. Adams, and no such person is drawn and summoned. (2) Same as to Biggie Williams. (3) Same as to Wm. H. Mobley. Dr. Pugh stated that, while deceased did not say anything about dying, yet he asked him (the doctor) after he had made the examination, what he thought of his condition, and he told him he was fatally shot; that…
1Opinion of the Court
SOMERVILLE, J.—(1) The motion to quash the special venire on the ground of discrepancies between the original venire and the copy served on the defendant was without merit. — Jury Act of Aug. 31, 1909. § 29; Bell v. State, 115 Ala. 25, 22 South. 526.(2) It sufficiently appeared that the declarations of the deceased, as testified to by the witnesses for the state, were made under a sense of impending dissolution, and the objections based upon the insufficiency of the predicate were properly overruled.
(3, 4) The deceased’s declaration to Dr. Pugh, that there was “no cause’’ for the killing, was…
2Cases cited2 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Bell v. StateSupreme Court of Alabama · 1896
3Cited by8 opinions
- Davis v. SmithermanSupreme Court of Alabama · 1923
- Carter v. StateSupreme Court of Alabama · 1921
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Harris v. StateSupreme Court of Alabama · 1919
- Sidney v. StateSupreme Court of Alabama · 1956
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