The Montgomery advertiser., 1901-09-30
s**S~s~~ ~* ~@*N* *#s***~ . HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT.
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g. Same; admissibility of statement made by deceased Ion a trial under an indictment fer murder statements made by the deceased, after he was shot, but without any refer enca to his expectation of dying, CT his impending dis solution. and which statements are to the the shooting, that the defendant had been gsod to him. and that he did not want him prosecuted. are properly excluded rom the jury, whether made voluntary or not. because such statements have no relation to the cir eumstancc. of the killing, and are otherwise irreleva1 Hand immatertal
 6. Say ; admissibility of evidence.-on trial under indictment for murder, where there Is evidence showing conspiracy pe- tween the defendant and his wife to Kill the deceased. and that for the purpose ot carryins Og; this SsnsRrssy ster was wt1en foy oy ths rations. that the wife wrote to him to come
 2. same; same--on a trial under an indict. ment for murder. testimony as to what passed eraf pinutss after the shooting and while the stitute no part of the res gestae of the shoot ns kri1%ed sns IS tess%aSss opinlon ss Hedesn R
 BUSH ( CO vs. WILLIS
 Action of Assumpsi.-Appeai from the circr :
 Court of Mobile. F.&
 |. Landlord and tenant: when purchaser of purchaser-whsre one purchases cotton with Knowledge that 1t was raised upon rented premises. or with notice of facts which would reasonably put the purchaser upon inquiry. and which. if followed up would result in knowledge that such cotton was raised upon rented lands, such purchaser is not bona fde purchaser for value without notice as agaipst the landlord.
 year ts year until payment of rent.-Cnder the provisions of the statute which declares that the lien of landlord continues and attaches to the crop of a succeeding year Code. Sec advances made by the landlord for a current wear becomes advances to the. tenant for the next succeeding year. and if not paid that year. 1t partakes of the nature of advances Tor the following year and this process continues unpaid portion the landlord has lien upon the crops grown by the tenant for each year
 3. Same; lien does not exist in favor Of landlord as indemnity fer loss of stock.-Where the owner of land leases the land and certain to pay fixed rent and in the lease contract tthe tenant agrees to pay certain sums in the event any of the mules die & or are @ lest m s1fs iSs mules is e mere stipulation by the tenant to indemnify him against loss; and if one or more indemnity Is a personal obligation, for which there exists: under the statute, no lien in favor
 Reversed and remanded Opinion by Tyson, J.
 bANGFoRD vs. THE STATE.
 l. Rape; .admissibiiity of evidence-on the ,y Indictetd for raps. where the woman ravished testiied that the defendant being tried com mttted the onense and that her husoana' wko his co-defendant, forced her to sub init, 1t is not competent for her to further testify that two or three weeks before the commission of the ofrense her husband told her ''he had tried to get a divorce. but did not have sufficient evidence"
 2. Same; same; conspiracy order to make such evidence admissible on the theory that there was a conspiracy between the de- fendant and the husband. of the woman to force the illicit relation and thereby make evidence in aid of divorce proceedings. tt Is necessary that 1t should be shown that the conspiracy was pending at the time of the statement by the husband to the woman
 3. Same; same.-In such case. where 1t is shown that eight days after the commission of the alleged offense the husband of the wo- man favished. who jointly indicted with the defendant. and two brothers of the de- fendant tried to get her to 20 back and live with her husband. but that she refused to go. . statement then made by the woman before the persons present, but in the absence of the defendant, that her hrSLand had brought the brothers of tho defendant there for witnesses. for the purpose of getting & divorce. is hear say evidence and inadmiFsibie
 Reversed and remnnded. Opinion by Sharp. J.