State v. Stallings

Supreme Court of Alabama

State v. Stallings

142 Ala. 112

CourtSupreme Court of Alabama

DecidedNovember 15, 1904

StatusPublished

Cited by7 cases

This text of 142 Ala. 112 (State v. Stallings) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Stallings, 142 Ala. 112 (Ala. 1904).

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Opinion

ANDERSON, J.

Upon the hearing of this petition before the'chancellor, the State offered to prove by witnesses that after defendant, who was seriously wounded, had been removed to Peagler’s drug store, and about five minutes áfter the shooting, upon being informed that Buckhaults was dead, said, “I have done what I have always intended to do, and am ready to die.” This'evidence was objected to by defendant, and the objection was sustained by the chancellor.

“Acts and declarations to be admissible as res gestae must be substantially contemporaneous with the main fact and so closely connected with it as to illustrate its character.” — Fonville v. State, 91 Ala. 39; Mayfield’s Digest, Vol. 1, p. 772. We do not think this evidence was admissible as a part of the res gestae.

There Avas no predicate for the introduction thereof as a confession. All confessions are prima facie not admissible .as evidence. — Mayfield’s Digest, Vol. 1, p. 206. The action of the chancellor in excluding this evidence was proper.

The order of the chancellor granting the petitioner bail is affirmed.

McClellan, C.J., Tyson and Simpson, J.J., concurring. "

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ANDERSON, J.

Upon the hearing of this petition before the'chancellor, the State offered to prove by witnesses that after defendant, who was seriously wounded, had been removed to Peagler’s drug store, and about five minutes áfter the shooting, upon being informed that Buckhaults was dead, said, “I have done what I have always intended to do, and am ready to die.” This'evidence was objected to by defendant, and the objection was sustained by the chancellor.

“Acts and declarations to be admissible as res gestae must be substantially contemporaneous with the main fact and so closely connected with it as to illustrate its character.” — Fonville v. State, 91 Ala. 39; Mayfield’s Digest, Vol. 1, p. 772. We do not think this evidence was admissible as a part of the res gestae.

There Avas no predicate for the introduction thereof as a confession. All confessions are prima facie not admissible .as evidence. — Mayfield’s Digest, Vol. 1, p. 206. The action of the chancellor in excluding this evidence was proper.

The order of the chancellor granting the petitioner bail is affirmed.

McClellan, C.J., Tyson and Simpson, J.J., concurring. "

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142 Ala. 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stallings-ala-1904.

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