West v. State
Supreme Court of Alabama
Prom the City Court of Montgomery. Tried before the Hon. Tiros. M. Arrington. The defendant in this ease,-John West, was indicted for the murder of Claiborne Wilson, by shooting him with a gun; and being tried, on issue joined on the plea of not guilty, he reserved a bill of exceptions, as follows: “ The State introduced Morgan Gilmer as a witness, who testified as follows: In October last, witness went to the house of Claiborne Wilson, the deceased, and found him suffering…
Read the full summary
Prom the City Court of Montgomery. Tried before the Hon. Tiros. M. Arrington. The defendant in this ease,-John West, was indicted for the murder of Claiborne Wilson, by shooting him with a gun; and being tried, on issue joined on the plea of not guilty, he reserved a bill of exceptions, as follows: “ The State introduced Morgan Gilmer as a witness, who testified as follows: In October last, witness went to the house of Claiborne Wilson, the deceased, and found him suffering from a gun-shot wound, from the effects of which he subsequently died. Deceased said, repeatedly, that he was going to…
1Opinion of the CourtStone, C. J.
— There is clearly no error in this record. It is fully proved that the declarations of the deceased, offered and given in evidence, were made under a sense of impending death. The ease is brought directly within the rule. — Kilgore v. The State, 74 Ala. 1.
Nor was the unsworn confession by another, that he had committed the crime, competent evidence for the accused. It was but hearsay. — Snow v. The State, 58 Ala. 372.
The charge given and excepted to, was free from error. Banks v. State, 72 Ala. 522.
No question of venue was raised in the court below, nor is such question presented by any…
2Cases cited4 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- Kilgore v. StateSupreme Court of Alabama · 1883
- Snow v. StateSupreme Court of Alabama · 1877
- Banks v. StateSupreme Court of Alabama · 1882
3Cited by20 opinions
- Kelly v. StateSupreme Court of Georgia · 1889
- Brown v. StateSupreme Court of Alabama · 1898
- State v. FletcherOregon Supreme Court · 1893
- State v. BeaudetSupreme Court of Connecticut · 1886
- Wesson v. StateSupreme Court of Alabama · 1939
15 more not listed; retrieve them via the Exa API.