Davis v. State

Alabama Court of Appeals

Davis v. State

118 So. 923, 22 Ala. App. 666

CourtAlabama Court of Appeals

DecidedNovember 13, 1928

Docket2 Div. 414.

StatusPublished

This text of 118 So. 923 (Davis v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. State, 118 So. 923, 22 Ala. App. 666 (Ala. Ct. App. 1928).

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Opinion

SAMPORD, J.

Defendant was convicted of manslaughter in the first degree and appeals. This is a most unusual case — a homicide without reason or motive. The parties barely knew each other. The dying declaration of deceased, which was introduced in evidence after due proof of the necessary predicate, identifies the defendant as the party doing the shooting. The defendant denies the act and offers proof of good character and an alibi. The evidence of identity is in some respects unsatisfactory, but is sufficient to make a jury question. On this record we are not authorized to disturb the verdict. There is no error prejudicial to defendant, and the judgment is affirmed. Affirmed.

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SAMPORD, J.

Defendant was convicted of manslaughter in the first degree and appeals. This is a most unusual case — a homicide without reason or motive. The parties barely knew each other. The dying declaration of deceased, which was introduced in evidence after due proof of the necessary predicate, identifies the defendant as the party doing the shooting. The defendant denies the act and offers proof of good character and an alibi. The evidence of identity is in some respects unsatisfactory, but is sufficient to make a jury question. On this record we are not authorized to disturb the verdict. There is no error prejudicial to defendant, and the judgment is affirmed. Affirmed.

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Bluebook (online)

118 So. 923, 22 Ala. App. 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-alactapp-1928.