Degg v. State
Supreme Court of Alabama
xkpPEAL from Gadsden City Court. Heard liefoie Hon. John I-f. Bisque. Yoiande Degg ivas convicted of murder, and appeals. The defendant and one Dean and Hasson were jointly indicted for the murder of Womack by shooting him with a pistol. The evidence tended to show the shooting as alleged in the indictment and that the defendant, was the one who find the pistol. There vas othfer evidence tending to show a participation in the difficulty by Dean and Hasson.
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xkpPEAL from Gadsden City Court. Heard liefoie Hon. John I-f. Bisque. Yoiande Degg ivas convicted of murder, and appeals. The defendant and one Dean and Hasson were jointly indicted for the murder of Womack by shooting him with a pistol. The evidence tended to show the shooting as alleged in the indictment and that the defendant, was the one who find the pistol. There vas othfer evidence tending to show a participation in the difficulty by Dean and Hasson. What is said in refeience to the admission of testimony of the absent witnesses sufficiently appear in the opinion of the court. The…
1Opinion of the CourtDowdell, J.
The laying of a predicate for the introduction in evidence of the testimony of the witnesses Girard and Moore, that had been given by them on the preliminary trial, was matter addressed to the court, and not to the jury. It was, therefore', of no importance that this was -done in the absence of and without the heai Log of the1 jury. The evidence so sought to be introduced of the witnesses Girard and Moore, the former having died and the latter having removed beyond the jurisdiction of the court, was secondary evidence, and it was necessary, under the law, that a proper and sufficient…
2Cases cited3 opinions
- Gilmore v. StateSupreme Court of Alabama · 1899
- Fleming v. StateSupreme Court of Alabama · 1907
- Austin v. StateSupreme Court of Alabama · 1906
3Cited by19 opinions
- Faircloth v. StateCourt of Criminal Appeals of Alabama · 1984
- Ex Parte FairclothSupreme Court of Alabama · 1985
- Mason Braswell v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1972
- Bennefield v. StateSupreme Court of Alabama · 1967
- People v. JohnsonAppellate Court of Illinois · 1977
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