Parker v. State
Decision Date | 30 June 1909 |
Parties | PARKER v. STATE. |
Court | Alabama Supreme Court |
On Rehearing, December 16, 1909.
On Rehearing.
Appeal from Circuit Court, Cullman County; D. W. Speake, Judge.
Luther Parker was convicted of murder in the second degree, and he appeals. Reversed and remanded.
The defendant entered a motion to quash the venire upon the grounds "(1) that a copy of the petit jurors drawn for the second week of this term of this court was not served upon the defendant as required by order of the court; (2) because a copy of the list of the petit jurors drawn for the second week of this term of this court, together with a copy of the list of the special jurors drawn and ordered summoned in this case, was not served upon the defendant, or his attorneys, as required by the order of this court; (3) because on the original list of the petit jurors drawn for the second week of this term of this court there appears the name of G. C. Abbott, and the name of G. C. Abbott does not appear on the copy served upon the defendant or his attorney and because on the copy of the petit jurors drawn for the second week of this term of this court and served upon the defendant there appears the name of G. C. Ahhatt, and the name of said G. C. Ahhatt does not appear on the original list, and there is no such man in beat 8."
The following charges were refused to the defendant:
The reporter finds no charge marked 11 1/2.
F. E. St. John and George H. Parker, for appellant.
Alexander M. Garber, Atty. Gen., and Brown & Kyle, for the State.
There was no error in...
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Ledbetter v. State
... ... The ... following authorities sustain our view that there was no ... error in allowing the introduction of the declaration against ... the grounds stated in the objections. Fowler v ... State, 236 Ala. 87, 181 So. 266; Carmichael v ... State, 197 Ala. 185, 72 So. 405; Parker v ... State, 165 Ala. 1, 51 So. 260; Walker v. State, ... 139 Ala. 56, 35 So. 1011; Shikles v. State, 31 ... Ala.App. 423, 18 So.2d 412; Gettings v. State, 32 ... Ala.App. 644, 29 So.2d 677; Collins v. State, 27 ... Ala.App. 499, 176 So. 219; Parker v. State, 24 ... Ala.App. 72, 130 So. 525 ... ...
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Thomas v. State, 6 Div. 177
...statement, in view of the fact that the party recognized the fact that he should soon appear in the presence of his Maker.' Parker v. State, 165 Ala. 1, 8, 51 So. 260, a fact essential to the admissibility of such statement as a dying declaration, to bring it within the exceptions to the ru......
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Ray v. State, 2 Div. 224.
... ... conclusion or opinion of the witness. Barlew v ... State, 5 Ala.App. 290, 57 So. 601; Wigerfall v ... State, 17 Ala.App. 145, 82 So. 635; Valentine v ... State, 19 Ala.App. 510, 98 So. 483; Hill v ... State, 137 Ala. 66, 34 So. 406; Bettis v ... State, 160 Ala. 3, 49 So. 781; Parker v. State, ... 165 Ala. 1, 51 So. 260 ... James ... Ray testified in behalf of his brother, the defendant. On ... cross-examination the solicitor asked him the following ... question: 'And you are under indictment--.' Counsel ... for appellant objected before the question had been ... ...
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Brooks v. State
...he says in regard to approaching dissolution. Lewis v. State, 231 Ala. 211, 164 So. 92; Parker v. State, 165 Ala. 1, 8, 51 So. 260, 262. The Parker case approvingly quotes Professor Wigmore on the 'No rule can be laid down. The circumstances of each case will show whether the requisite cons......