Titus v. State

• Decision Date: 05 February 1898
• Citation: 117 Ala. 16,23 So. 77
• Parties: TITUS v. STATE.
• Court: Alabama Supreme Court

23 So. 77

117 Ala. 16

TITUS v. STATE.

Supreme Court of Alabama

February 5, 1898

Appeal from circuit court, Madison county; H. C. Speake, Judge.

Albert Titus was convicted of murder in the second degree, and sentenced on the penitentiary for 15 years, and he appeals. Reversed.

The testimony for the state tended to show that, on the night of the killing, there was a dance going on at the house near the scene of the killing, and that the defendant went to the house, and asked to see one Willie Faunfield, a woman in the house, remarking that he wanted his knife and his clothes that Willie Faunfield came out of the house, went into her room, and gave the defendant his knife and clothes. While the defendant was standing in the yard, James Harris walked out of the house with his wife, carrying her away from the house that, as he returned, the defendant stabbed him with a knife and that, as Harris attempted to seize the defendant, Henry Williams cut him in the back. The defendant moved to exclude the evidence that Henry Williams cut him in the back, and duly excepted to the court's overruling his motion. Several witnesses testified for the state to substantially the same facts. The cutting occurred on August 25, 1897. One of the witnesses testified that she was present at the bedside of James Harris, after he had been cut several days and "he said that he would die from his wounds, and stated in said conversation that 'Albert Titus and Henry Williams took my life for nothing."' The defendant moved to exclude the portion of the testimony of said witness as to the declaration made by the deceased that "Albert Titus and Henry Williams took my life for nothing." The court overruled the motion, and the defendant duly excepted. The state introduced one Press Whitman, who testified that he was a justice of the peace in Madison county; and that on October 17, 1897, he was sent for by James Harris, who told him that he did not think he would live more than a few hours longer, and he desired to make a dying declaration; and that thereupon he took down and reduced to writing, as a dying declaration, the statements of said James Harris; and that said Harris lived several weeks after this declaration was made. Thereupon the state offered to introduce in evidence the statement made by Harris, which was reduced to writing by the witness Whitman, in which statement he said that the wounds he had received would prove fatal, and that he was going to die soon. In this statement he said that he was cut by Albert Titus, the defendant, and Henry Williams, in the manner as testified to by the state's witnesses. The defendant objected to the introduction of the alleged dying declaration, upon the ground that the proper predicate had not been laid therefor. The court overruled the objection allowed the statement to be introduced in evidence, and to this ruling the defendant duly excepted. The testimony for the defendant tended to show that the cutting of the deceased by the defendant was the result of a fight, which arose from a quarrel between the deceased and the defendant. The defendant introduced as a witness Willie Faunfield, who testified that she did not give the defendant a knife on the night of the cutting of the deceased. The solicitor, on cross-examination, asked the said Willie Faunfield if she was not charged with the murder of said James Harris, and proceeded to read an indictment by the grand jury of Madison county, Ala., charging the said Willie Faunfield with the murder of said James Harris. The defendant objected to said question and the reading of said indictment. The court overruled said objection, allowed the same to be asked and read to the jury, and the defendant excepted. The said witness denied having done any washing for defendant, and also denied having or giving the defendant his clothes. The defendant introduced Henry Williams as a witness, who testified that, a few days before the cutting, the deceased told him that he intended to kill the defendant. The witness was then asked if he was not also indicted for killing said James Harris, and to this question the witness replied "he supposed so." The solicitor thereupon proceeded to read an indictment of the grand jury of Madison county Ala., charging the said Henry Williams with the murder of the said James Harris; and the said defendant objected to the reading of said indictment, and the question of the solicitor following it, as to whethed said witness was not charged with the killing of said James Harris, because the same was illegal, irrelevant, and inadmissible, and because it did not affect the credibility of the said witness. The court overruled said objection, and allowed the solicitor to read the indictment and ask said question, to which the defendant excepted. In rebuttal, the state introduced one Maria Kemp,...