A Digest of Decisions in Criminal Cases Contained in the Reports of the Federal
A Digest of Decisions in Criminal Cases Contained in the Reports of the Federal
Thomas W Thomas Whitney Waterman
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To carry to his brother, J. P. " (mentiouing the names of the person by whom the letter was written, and the person to whom it was ad- dressed). Mose V. State, 35 Ala. 421. 315. On a trial for murder, it was proved that the deceased was last seen in company with the prisoner and his wife, wliom he was engaged in moving from an adjoining State, and that they were seen after his dis- appearance prosecuting their journey in his Avagon. A person who helped arrest the prisoner, and who was acquainte...d with him and with the deceased, tiestified that the prisoner's wife, at the time of the arrest, " ran out of the house, and slapping her husband on the shoulder, said, 'I told you that. Tommy, ' to which the prisoner replied, ^Go off, God damn you, and hold your tongue, and speak to nobody about it. ' " HeU, that the wife's exclamation, and the prisoner's reply to her were admissible against him. Liles v. State, 30 Ala. 24. 316. Conversation between prisoner and deceased. Where on a trial for murder, it was i^roved that the prisoner and the deceased were in company several hours previous and up to the homicide, it was held that all that transpired and was said between them during that time was admis- sible in evidence as part of the res gestm.
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