Chappell v. State
Alabama Court of Appeals
Appeal from Conecuh. Circuit Court: Heard before Hon. S. L. Brewer. Eugene Chappell was convicted of manslaughter, and he appeals. Defendant was charged with having killed McCoy by cutting him with a knife, a stab wound in the lung from which he died about a month later. The doctor testified that the wound was fatal.
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Appeal from Conecuh. Circuit Court: Heard before Hon. S. L. Brewer. Eugene Chappell was convicted of manslaughter, and he appeals. Defendant was charged with having killed McCoy by cutting him with a knife, a stab wound in the lung from which he died about a month later. The doctor testified that the wound was fatal. Tom Patterson testified to seeing McCoy on Monday after he was cut on Saturday night, that he had a conversation with him, and he was asked by defendant the question set out in the opinion. The excerpt to the oral charge set out is as follows : Proof of defendant’s good character…
1Opinion of the CourtPelham, P. J.
The defendant was indicted for murder in the second degree, convicted of manslaughter, in the second degree, and appeals from that judgment of conviction.(1) The statements of the deceased which the defendant sought to elicit by questions to which the court sustained objec tions interposed by tbe solicitor are shown to have been made some time after the difficulty, constituted no part of the res gestse, were merely hearsay, and inadmissible. — Long v. State, 2 Ala. App. 96, 57 South. 62; Goodlett v. State, 136 Ala. 39, 33 South. 892.
The question propounded by the defendant to the witness…
2Cases cited10 opinions
- Stone v. StateSupreme Court of Alabama · 1894
- Hargrove v. StateSupreme Court of Alabama · 1906
- Powell v. StateAlabama Court of Appeals · 1912
- Funderlberg v. StateSupreme Court of Alabama · 1893
- Laws v. StateSupreme Court of Alabama · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Hargrove v. StateCourt of Criminal Appeals of Alabama · 1979
- Farley v. StateAlabama Court of Appeals · 1948
- Williams v. StateAlabama Court of Appeals · 1951
- Farley v. StateAlabama Court of Appeals · 1948