Pulliam v. State

• Decision Date: 28 November 1889
• Citation: Pulliam v. State, 88 Ala. 1, 6 So. 839 (Ala. 1889)
• Parties: PULLIAM v. STATE.
• Court: Alabama Supreme Court

6 So. 839

88 Ala. 1

PULLIAM v. STATE.

Supreme Court of Alabama

November 28, 1889

Appeal from circuit court, Tallapoosa county; J. R. DOWDELL, Judge.

Indictment of Jasper Pulliam for manslaughter in the first degree for killing Anderson Ross. On the trial the state introduced a witness, and asked him if he ever heard the defendant make any threats against the deceased, to which question the witness answered: "Three years ago this September, I heard the defendant say that he would kill the deceased if it took him ten years to do it." The defendant objected to this question and answer, and moved to exclude the answer from the jury. The court overruled both his objection and motion, whereupon the defendant excepted. There was also other evidence of other threats made by defendant against deceased at different times down to the time of the difficulty. The state then introduced a witness, who, after testifying that he was at the house of the deceased "one week and four days before the death of the deceased," stated that "the deceased, in his presence, said that he, deceased, would not get well, and that he was sure to die, and did not expect to live." On this predicate the state offered to introduce in evidence a dying declaration of the deceased. The defendant objected, but the court overruled his objection, and allowed the said declarations to be introduced. The state then introduced another witness, the brother of the deceased, who, after testifying that he was at the deceased's house "eleven days before the death of the deceased," stated that the deceased then said "that he was going to die, and did not expect to live." Upon this predicate the state again offered to introduce another dying declaration of the deceased. The defendant again objected, but the court overruled his objection, and allowed the same to be introduced. There was a conviction, and defendant appeals.

T L. Bulger and Tompkins & Troy, for appellant.

W L. Martin, Atty. Gen., for the State.

STONE C.J.

Dying declarations are received as evidence only in trials for homicide. They are limited in their scope to the act which causes the death, and the attendant circumstances or res gestæ. It is essential to their admissibility that at the time when they were made the declarant should have been in actual danger of death; that he should then have had a full apprehension of his danger; and that death had ensued. 1 Tayl. Ev. § 718. "It is the impression of impending death, and not the rapid succession of death in point of fact, which renders the testimony admissible." Id.; Reynolds v. State, 68 Ala. 502; Whart. Crim. Ev. §§ 282-284; 3 Brick. Dig. p. 226, § 663 et seq.; Clark, Manual, § 538 et seq.; Hussey v. State, 87 Ala. 121, ante, 420.

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