Moore v. State
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. The plaintiif in error, was indicted and convicted, in the circuit court of Tallapoosa county, for the murder of her husband. In the course of the trial, a bill of exceptions was taken, and the cause brought to this court by writ of error. The bill of exceptions discloses the following facts.
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Error to the Circuit Court of Tallapoosa. The plaintiif in error, was indicted and convicted, in the circuit court of Tallapoosa county, for the murder of her husband. In the course of the trial, a bill of exceptions was taken, and the cause brought to this court by writ of error. The bill of exceptions discloses the following facts. The wounds of which the deceased died, appeared to be given with the edge of an axe • one of them was on the front of the head, on the left side, and in length about the width of an axe ; that it cut through the scull into the brain. His physician reached him…
1Opinion of the CourtDargan, J.
It is well settled, that in the trial of cases for homicide, the declarations of the deceased, made under the belief that his end is near, are admissable, not only to designate the party who committed the crime, but also to detail the circumstances under which it was done. But these declarations must be made when the belief of death is present to the mind of the declarant, and when he believes there is no hope of recovery, but that he must die of the wounds or injury received. Declarations made under such circumstances, are considered as made under circumstances equally solemn, as if made…
2Cited by27 opinions
- Johnson v. StateSupreme Court of Georgia · 1930
- Lipscomb v. StateMississippi Supreme Court · 1897
- Kilgore v. StateSupreme Court of Alabama · 1883
- Ingram v. StateSupreme Court of Alabama · 1880
- People v. . CoreyNew York Court of Appeals · 1898
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