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Gissendanner v. State

Gissendanner v. State.

Gissendanner v. State, 89 So. 835 (Ala. Ct. App. 1921)
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Court
Alabama Court of Appeals · State Appellate Courts
Decided
June 21, 1921
Docket
No. 4 Div. 667.
Judges
Samford
Citations
89 So. 83518 Ala. App. 1991921 Ala. App. LEXIS 167
Disposition
Reversed and remanded.
Headnotes
Homicide <&wkey;2l5(4), 216 — Evidence as to conclusion held improperly‘admitted, where no predicate for dying declaration. In prosecution for murder, admission of the testimony of deceased’s wife that shortly before his death deceased had said that the accused had robbed him was erroneous, where no predicate had been laid for a dying declaration, and as being a conclusion and immaterial.
Summary
Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Brice Gissendanner, alias, etc., was convicted of manslaughter in the first degree, and he appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Samford

SAMFORD, J.

On the trial of the case the wife of the deceased, over the timely objection of defendant, was permitted to testify that shortly before bis death deceased had said “Bricie [meaning defendant] had robbed him.” This testimony was not admissible for two reasons: First, no predicate had been laid for a dying declaration; Second, the statement was a conclusion. Pilcher v. State, 16 Ala. App. 237 , 77 South. 75 ; Pressley v. State, 166 Ala. 17 , 52 South. 337 ; Reaves v. State, 158 Ala. 5 , 48 South. 373 ; Oliver v. State, 17 Ala. 587 ; Autrey v. State, 190 Ala. 10 , 67 South. 237 . Further, this evidence is not shown to be material.

The only effect of this evidence was to prejudice the defendant’s case in the minds of the jury.

For the error pointed out, the judgment is reversed and the cause is-remanded.

Reversed and remanded.

¡g^oFor other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1923: 21951: 119232026peak 1923 · 2

Relies on it most ⓘ

  1. Thomas v. State53 So. 2d 340 (Ala. 1951)
  2. Le Nier v. State96 So. 459 (Ala. Ct. App. 1923)
  3. Ratliff v. State98 So. 493 (Ala. Ct. App. 1923)

Most recent

  1. Thomas v. State53 So. 2d 340 (Ala. 1951)
  2. Ratliff v. State98 So. 493 (Ala. Ct. App. 1923)
  3. Le Nier v. State96 So. 459 (Ala. Ct. App. 1923)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Pilcher v. State, 77 So. 75 (Ala. Ct. App. 1917) 20
Autrey v. State, 67 So. 237 (Ala. 1914) 8
Pressley v. State, 52 So. 337 (Ala. 1910) 4
Oliver v. State, 17 Ala. 587 (1850) 59
Reaves v. State, 48 So. 873 (Ala. 1909) 6

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