Pulliam v. State
Supreme Court of Alabama
From the Circuit Court of Tallapoosa. Tried before the Hon. Jas. R. Dowdell. The indictment in this case was found at the September term, 1889, and charged that the defendant, Jasper Pulliam, “unlawfully and with malice aforethought, but without premeditation, billed Anderson Ross, by shooting him with a pistol.”
Read the full summary
From the Circuit Court of Tallapoosa. Tried before the Hon. Jas. R. Dowdell. The indictment in this case was found at the September term, 1889, and charged that the defendant, Jasper Pulliam, “unlawfully and with malice aforethought, but without premeditation, billed Anderson Ross, by shooting him with a pistol.” Issue being joined on the plea of not guilty, the defendant was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of four years. On the trial, he reserved the following bill of exceptions: “On the trial, among many other witnesses, the…
1Opinion of the CourtStone, C. J.
Dying declarations are received as evidence only in trials for homicide. They are limited in their scope to the act which causes the death, and the attendant circumstances, or res gestee. It is essential to their admissibility that, at the time when they were made, the declarant should have been in actual danger of death, that he should then have had a full apprehension of his danger, and that death has ensued. — 1 Taylor Ev. § 718. “It is the impression of impending death, and not the rapid succession of death in point of fact, which renders the testimony admissible.” — Ib.; Reynolds v.…
2Cases cited3 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- Reynolds v. StateSupreme Court of Alabama · 1881
- Walker v. StateSupreme Court of Alabama · 1887
3Cited by21 opinions
- Blue v. StateSupreme Court of Alabama · 1944
- Hammond v. StateMississippi Supreme Court · 1985
- Rector v. StateAlabama Court of Appeals · 1914
- Hammil v. StateSupreme Court of Alabama · 1891
- Twitty v. StateSupreme Court of Alabama · 1910
16 more not listed; retrieve them via the Exa API.