Fleming v. State
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thos. W. Coleman, Jr. Will Fleming was convicted of homicide, and he appeals. The defendant was indicted for killing Jule Tires, with malice aforethought, by shooting him with a pistol. The evidence for the prosecution tended to show that the killing was done at the house of the witness Roland in West Anniston and about 10 o’clock at night.
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Appeal from Anniston City Court. Heard before Hon. Thos. W. Coleman, Jr. Will Fleming was convicted of homicide, and he appeals. The defendant was indicted for killing Jule Tires, with malice aforethought, by shooting him with a pistol. The evidence for the prosecution tended to show that the killing was done at the house of the witness Roland in West Anniston and about 10 o’clock at night. The deceased was at the house, and the defendant came there about 20 minutes before the shooting took place. The witness said he was attracted by an argument or conversation between defendant and…
1Opinion of the CourtAnderson, J.
There -was no error in permitting the witness Roland to testify what the defendant said to him and what he said to the defendant, immediately preceding ihe shooting. All of this was a part of. the res geshe. The question and answer were produced by the instinctive, upon'the occurrence ; the spontaneous, expression of the defendant and the witness.—Nelson v. State, 130 Ala. 83, 30 South. 728; Wesley v. State, 52 Ala. 182.
*24The trial court properly declined to let the defendant prove who turned off the light and to enter into the details of a difficulty that ocurred some time previous and at…
2Cases cited10 opinions
- Nelson v. StateSupreme Court of Alabama · 1900
- Gregory v. StateSupreme Court of Alabama · 1903
- Whitaker v. StateSupreme Court of Alabama · 1894
- Ragsdale v. StateSupreme Court of Alabama · 1901
- Bones v. StateSupreme Court of Alabama · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Stephens v. StateSupreme Court of Alabama · 1947
- Adams v. StateSupreme Court of Alabama · 1912
- Hurst v. StateCourt of Criminal Appeals of Alabama · 1985
- Ivory v. StateSupreme Court of Alabama · 1939
- Mathis v. StateAlabama Court of Appeals · 1916
18 more not listed; retrieve them via the Exa API.