68 So. 792 | Ala. Ct. App. | 1915
However, it appears from tbe judgment entry that tbe date of tbe trial was on March 14, 1914, which we judicially know to be during tbe time prescribed by law for tbe regular term of tbe circuit court of Henry county, and, consequently, that a trial on that date by that court could not be at a special or adjourned term, but only at a regular term. — Gen. Acts 1911, p. 728. We are further fortified in tbis position by .the fact of tbe absence in the record of any order for a special or adjourned term.
These conversations took place, as stated at witness’ house in the morning about 10 or 11 o’clock, after which defendant left, and returned again about 1 or 2 o’clock in the afternoon with a gun in his buggy. At that time witness’ father, who was still at witness’ house, and had just hitched up his horse preparatory to driving off, also had his gun in his buggy. The two (defendant and deceased) then drove off down the road in the same direction at the same time, one in one buggy, and one in the other, with their respective guns, and in about 30 minutes after they left witness heard the report of a gun in the direction in which they had gone.
Even assuming that the conversation which took place that morning at witness’ house between defendant and
When, after defendant had made the threat to whip deceased’s son, and after deceased had told defendant that before he (defendant) could whip his (deceased’s) son he (defendant) would have to whip him (deceased) first, the defendant then said that he (defendant) was going home and was coming back, and that when he came back the son would regret what he had done, it— what defendant last said — amounted to a declaration of hostility towards deceased, who had announced that he would take his son’s part, as well as it amounted to a threat against deceased’s son. It is always competent to prove any threats or declarations of hostility made by the person charged with the homicide against the person slain. In this case such a fact would be a circumstance which, in connection with the other facts and circumstances of the case we have detailed, would tend to show that defendant, and not some one else, killed deceased, and that such killing was done feloniously, and not in self-defense, as the defendant claimed.—Hudson v. State, 61 Ala. 333; Johnson v. State, 87 Ala. 39, 6 South. 400;
We have discussed only the points insisted upon in briefs; but Ave have examined the whole record, and find no error.
The judgment is therefore affirmed.
Affirmed.