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156 Ala. 58

Ludlow v. State

Supreme Court of Alabama

Decided June 30, 1907

Supreme Court of Alabama · decided 1907-06-30

Heard before Hon. B. M. Miller. Haywood Ludlow was convicted of murder in the second degree, and he appeals. The defendant was indicted for the killing of Will White by shooting him with a pistol.

Cited by 4 later decisions — most recently March 1979

4 state decisions

Relies on White v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1907-06-30

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ANDERSON, J.

¶1The failure of vthe copy of the venire, served on the defendant, to state the residence of the jurors, furnished no grounds for quashing same. White v. State, 136 Ala. 58, 34 South. 177.

¶2What Will White, the deceased, said after he was found about a half hour after the shooting and from a quarter to a half mile from the place of the difficulty, was properly excluded by the trial court. It was pure hearsay evidence, was not a part of the res gestae, and no predicate was shown to render it admissible as a dying declaration.

¶3The witness Roxy Williams had testified in behalf of the defendant, and the questions objected to, which were propounded on cross-examination to the defendant, *62sought evidence establishing his relationship with said witness, aud which would teud to affect her credibility as a witness.

¶4The charges requested by the defendant were properly refused. If not otherwise bad, they preterinitted the defendant’s freedom from fault in provoking or encouraging the difficulty, when there was evidence that defendant got after the deceased about breaking into the house and whipping Roxy.

¶5The judgment of the circuit court is affirmed.

Tyson, C. J., and Simpson and Denson, JJ., concur.
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