Boulden v. State
Supreme Court of Alabama
Apiusal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. The appellant in this case was indicted and tried for the murder of John A. Herndon, and was convicted of murder in the second degree, and sentenced to the penitentiary for twenty years.
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Apiusal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. The appellant in this case was indicted and tried for the murder of John A. Herndon, and was convicted of murder in the second degree, and sentenced to the penitentiary for twenty years. Upon the trial of the case, as is shown by the bill of exceptions, the evidence for the State tended to show, that prior to January 6, 1893, the deceased had leased a farm in Morgan county ; that on the morning of January 6th, 1893, he, in company with his brother, Jim Herndon, and three other persons, went in a wagon to a place on…
1Opinion of the CourtI-Iead, J.
With the view of proving the dying declarations of deceased, the State asked its witness, Banks, “What did the deceased say about whether or not he thought he would get well?” The defendant objected, on the ground that the evidence showed that deceased did not die for nearly two months after the wound was received, and that it was too far from the time of his death to be received as a dying declaration. The objection was properly overruled. — Reynolds v. State, 68 Ala. 502; 1 Green. Ev., § 158. It is true there was no evidence, so far as the bill of exceptions shows, (and it purports to set…
2Cases cited1 opinion
- Reynolds v. StateSupreme Court of Alabama · 1881
3Cited by28 opinions
- Johnson v. StateSupreme Court of Georgia · 1930
- Sowell v. StateAlabama Court of Appeals · 1941
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
- Sims v. StateSupreme Court of Alabama · 1903
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