Legal Opinion

Johnson v. State

Supreme Court of Alabama

Decided January 15, 1850PublishedCited by 89 opinions

Error to the Circuit Court of Chambers. Tried before the Hon. John J. Woodward. 1. Dying declarations must be confined to “ the circumstances of the death” and must not consist of mere matters of belief. A witness cannot give his belief. — 2 Barn. & Ores. 008; 2 Phil.

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Error to the Circuit Court of Chambers. Tried before the Hon. John J. Woodward. 1. Dying declarations must be confined to “ the circumstances of the death” and must not consist of mere matters of belief. A witness cannot give his belief. — 2 Barn. & Ores. 008; 2 Phil. Ev.; McLane v. The State, 16 Ala. 674. 2. The evidence of the supposed previous attempt to poison the wife, by something called laudanum, was improperly admitted. — Morris v. The State, 8 Smedes & Marsh. 772; Dow-ling v. The State, 54b. 686. 3. The other evidence, relating to the previous conduct and habits) and appearance of…

1Opinion of the CourtParsons, J.

The plaintiff in error was convicted of the murder of Elizabeth Johnson, his wife, by means of poison, at the last term of the Circuit Court of Chambers county. By his bill of exceptions he reserved several questions of law for this court.

There was evidence that the deceased, on Sunday, the first day of October 1848, was taken sick suddenly; that she continued sick until Tuesday, the third day of the same month, when she died; and that on Sunday evening and from that time until her death, she suffered severely, except at intervals. The *620evidence tended to show that her death was caused by the…

2Cases cited1 opinion

  1. Cobia v. StateSupreme Court of Alabama · 1849

3Cited by89 opinions

  1. Wilson v. StateSupreme Court of Alabama · 1942
  2. Gassenheimer v. StateSupreme Court of Alabama · 1875
  3. Fuller v. StateSupreme Court of Alabama · 1959
  4. United States v. Lawrence T. Day. United States of America v. Eric J. SheffeyCourt of Appeals for the D.C. Circuit · 1979
  5. McAdory v. StateSupreme Court of Alabama · 1878

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