Starks v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. William H. Ti-iomas. The appellants, Will Starks and Alex Means, were indicted and tried for the murder of Flem Foster, were convicted of murder in the first degree and sentenced to be banged.
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Appeal from the City Court of Montgomery. Tried before the Hon. William H. Ti-iomas. The appellants, Will Starks and Alex Means, were indicted and tried for the murder of Flem Foster, were convicted of murder in the first degree and sentenced to be banged. On the trial of the case, it was shown that in Montgomery county before the finding of the indictment, about 9 o’clock- at night, Flem Foster was shot down near the store of one Stanford, and that he died from the effects of said wound. Two of the State’s witnesses testified that on the night of the killing, about 9 o’clock, they heard the…
1Opinion of the CourtHakalson, J.
A proper predicate for the admission of the dying declarations of the deceased was laid, and there was no error in their admission in evidence. The. statements made, at the time, by the deceased, as called for by the State, were a part of the res gestae of the homicide, and were properly admitted as incident to what was done, as shedding light on the main fact.— Johnson v. State, 102 Ala. 1, 15;McQueen v. State. 103 Ala, 12; 6 Am. & Eng. Ency. Law (1st ed.), 123; 21 Ib. 99, 101-2.
The charge requested by the defendants wa,s properly refused. — Thomas v. State, 130 Ala. 62; Evans v. State, 109…
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- Jolly v. StateSupreme Court of Alabama · 1891
- Thomas v. StateSupreme Court of Alabama · 1900
3Cited by4 opinions
- Commonwealth v. HarrisSupreme Court of Pennsylvania · 1945
- Sales v. StateCourt of Criminal Appeals of Alabama · 1983
- Guntharp v. StateCourt of Criminal Appeals of Alabama · 1974
- Lang v. StateAlabama Court of Appeals · 1959