Mathews v. State
| Decision Date | 28 February 1903 |
| Parties | MATHEWS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Lee County; N. D. Denson, Judge.
Sam Mathews was convicted of murder in the second degree, and he appeals. Affirmed.
Upon the examination of one Frank McGee as a witness for the state, and after he had testified as to the details of the difficulty which led up to the homicide, he further stated that he had heard the defendant speak of the difficulty afterwards. The solicitor then asked said witness if any threats were made against the defendant, or any inducements offered or any hope held out to him, in order to get him to say anything about the difficulty. Upon the witness answering these questions in the negative, he was then asked by the solicitor what the defendant said in reference to the difficulty. The defendant objected to this question upon the ground that it was not shown that the statements made by the defendant were voluntary. The court overruled the objection and the defendant duly excepted. Thereupon the witness stated that the defendant said, "If Dallas had had another shell in his gun, he (Dallas) would have shot the defendant." The defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked:
Lackey & Bowling, for appellant.
Chas G. Brown, Atty. Gen., for ...
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