Collins v. State

• Decision Date: 10 July 1903
• Citation: 138 Ala. 57,34 So. 993
• Parties: COLLINS v. STATE.
• Court: Alabama Supreme Court

34 So. 993

138 Ala. 57

COLLINS v. STATE.

Supreme Court of Alabama

July 10, 1903

Appeal from Circuit Court, Hale County; John Moore, Judge.

Carrie Collins was convicted of murder in the first degree, and she appeals. Reversed.

De Graffenried & Evins, for appellant.

Massey Wilson, Atty. Gen., for the State.

DOWDELL J.

The appellant, Carrie Collins, was jointly indicted with Ben Collins, her husband, and two others, Randolph Flanagan and Will Sample, for the murder of J. H. Winningham. At her request, and on motion, a severance was ordered, and she was separately tried and convicted. The evidence without dispute showed that the killing was done by Ben Collins. The theory of the prosecution was that the killing was the result of a conspiracy in which the appellant participated. The exceptions reserved on the trial, and which are here presented for our consideration and review, relate to the rulings of the trial court on the admission and rejection of evidence, and to a certain part of the ex mero motu charge of the court to the jury, and to the refusal of written charges requested by the defendant.

The exceptions to the rulings of the court upon the introduction of evidence are numerous, and most all of which are entirely without merit, and, indeed, are not so much as noticed by counsel for appellant in argument. No reason exists and no good purpose is to be subserved in treating these numerous exceptions in detail. We will, therefore, only deal with those insisted on in argument, with the statement of some general rules applicable to all.

Evidence of facts relevant to the issues is competent and admissible. Every fact that tends directly to prove or disprove a fact in issue is relevant, and admissible in evidence. The homicide the existence of a conspiracy, were questions in issue. In proving the homicide it was competent to show, in connection with the killing, all of the attendant circumstances, who were present, what was said and done, and every other fact connected with the transaction, and so related as to form a part of the res gestæ. So, too, any chain of facts or circumstances continuous in their nature, leading up to and eventuating in the homicide. "It may be said generally that all parts of one continuous transaction, though not shown to have had any immediate connection with the offense--the culmination of all the circumstances and facts proximate to the consummation of the crime, which tend to shed light on the main inquiry--are admissible." Churchwell v. State, 117 Ala. 126, 23 So. 72. The existence of a conspiracy was a fact provable as any other fact by direct evidence or circumstantially. "Conspiracy, or a common purpose to do an unlawful act need not be shown by positive testimony, nor need it be shown that there was prearrangement to do the specific wrong complained of." Martin v. State, 89 Ala. 119, 8 So. 23, 18 Am. St. Rep. 91. The fact of the existence of a conspiracy may be inferred from other facts. There can be no doubt that in proving the existence of a conspiracy every act or declaration of the defendant which may tend to establish such fact is admissible in evidence against him. Another well-established rule of evidence is that, when the conspiracy has been shown to exist, or facts from which its existence may be reasonably inferred, all that is said and done in furtherance of the common design by any one of the conspirators is admissible in evidence against other conspirators. But the declaration of an alleged conspirator, made in the absence of an alleged...