Starks v. State

Decided November 15, 1902

Supreme Court of Alabama · decided 1902-11-15

Tried before the Hon. William H. Ti-iomas. The appellants, Will Starks and Alex Means, were indicted and tried for the murder of Flem Foster, were convicted of murder in the first degree and sentenced to be banged. On the trial of the case, it was shown that in Montgomery county before the finding of the indictment, about 9 o’clock- at night, Flem Foster was shot down near the store of one Stanford, and that he died from the effects of said wound.

Relies on Johnson v. State · Evans v. State · Jolly v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-15

How this case has been cited

Cited by 3 later decisions — most recently July 1983

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HAKALSON, J.

¶1A proper predicate for the admission of the dying declarations of the deceased was laid, and there was no error in their admission in evidence. The. statements made, at the time, by the deceased, as called for by the State, were a part of the res gestae of the homicide, and were properly admitted as incident to what was done, as shedding light on the main fact.— Johnson v. State, 102 Ala. 1, 15;McQueen v. State. 103 Ala, 12; 6 Am. & Eng. Ency. Law (1st ed.), 123; 21 Ib. 99, 101-2.

¶2The charge requested by the defendants wa,s properly refused. — Thomas v. State, 130 Ala. 62; Evans v. State, 109 Ala. 13; Jolly v. State, 94 Ala. 19.

¶3These were the only exceptions reserved.

¶4Affirmed.