72 So. 689 | Ala. Ct. App. | 1916
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(This case was reviewed by the Supreme Court on certiorari, and the writ denied. See Rogers v. State, ex parte,
John Rogers was convicted of manslaughter in the first degree and he appeals. Affirmed.
The pleas referred to here present the same matter as that presented by the appeal in Ex parte Rogers,
(1) Under the holding of the Supreme Court, the demurrers of the state to the defendant's pleas should have been sustained, but the same result was reached by the holding that the replications were a complete answer to the pleas and giving the affirmative charge to find for the state on the issues thus presented; and if technical error was committed in any of the rulings, no injury resulted. — Friedman Bros. v. CullmanBuilding Loan Association,
(2) The testimony of the witnesses who relate the "dying declarations" of the deceased clearly show that the statements of the deceased relative to the shooting were made under a sense of impending death, that he answered the questions asked him by the witness Turner intelligently, and that his declarations were in reference to the shooting of deceased by the defendant, and the defendant's objection to this evidence was properly overruled. — Patterson v. State,
In the case in hand, the declarations are clearly shown to be those of the deceased, a memorandum of which was made in his words, and that his answers were intelligently and readily given, and these facts differentiate this case from theMcHugh Case.
(3) The memorandum used by the witness Roberts was made by the witness immediately after the declarations of the deceased were made, in his presence, and from notes then taken, and was such as, under the rule prevailing in this state, the witness might refer to to refresh his recollection. — Calloway v.Varner,
(4) The answer of the witness Hopper to the solicitor's question on cross-examination was favorable to the defendant, and, if error, was without injury. However, under the liberal rules governing cross-examination of witnesses, abuse of the court's discretion is not shown. — Cox v. State.
We have treated all questions urged in brief of able counsel for appellant; and, while we have carefully examined all other matters appearing upon the record, the nature of the questions presented do not warrant further discussion.
Reversible error not appearing upon the record, the judgment of the trial court is ordered affirmed.
Affirmed.