Legal Opinion

Reaves v. State

Supreme Court of Alabama

Decided January 21, 1909PublishedCited by 6 opinions

Appeal from Anniston City Court. Heard before Hon. Tx-iomas W. Coleman, Jr. Collie Reaves was convicted of the murder of Joel Shivers, and he appeals.

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Appeal from Anniston City Court. Heard before Hon. Tx-iomas W. Coleman, Jr. Collie Reaves was convicted of the murder of Joel Shivers, and he appeals. The charges refused to the defendant are as follows: “ (1) I charge you, gentlmen of the jury, that it is your duty to consider the entire evidence in making up your verdict, and that you should not single out any part of the testimony and base your verdict upon it, and unless the jury and each individual member of the jury are convinced beyond all reasonable doubt, and to the exclusion of every other reasonable hypothesis but that of the…

1Opinion of the CourtDowdell, J.

The statement made by the deceased person the night after the shooting in reference to the difficulty, and which was sought to he proved by the defendant, was properly excluded on objection of the state. This evidence was not offered as a dying declaration, since no predicate was laid for that purpose, and otherwise it was illegal as hearsay evidence. -

There was no reversible error in sustaining the state's objection to the question by the defendant to his witness B. A. Beeves on direct examination: “Did Mary say, just before the shooting, Tie is talking to me, not to yon, Collie; not to…

2Cases cited1 opinion

  1. Liner v. StateSupreme Court of Alabama · 1899

3Cited by6 opinions

  1. Hargrove v. StateCourt of Criminal Appeals of Alabama · 1979
  2. Hall v. StateAlabama Court of Appeals · 1914
  3. Harris v. StateCourt of Criminal Appeals of Alabama · 1980
  4. Gissendanner v. StateAlabama Court of Appeals · 1921
  5. Weaver v. StateAlabama Court of Appeals · 1911

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