Bibb v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case, Judy Bibb, was indicted jointly with her husband, Joe Bibb, for the murder of Ed. Stark, “by striking or cutting him with an axe.” On the trial of said Judy, who pleaded not guilty, “the State introduced evidence tending to prove that, in said county, and before the finding of the indictment in this case, Ed.
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant in this case, Judy Bibb, was indicted jointly with her husband, Joe Bibb, for the murder of Ed. Stark, “by striking or cutting him with an axe.” On the trial of said Judy, who pleaded not guilty, “the State introduced evidence tending to prove that, in said county, and before the finding of the indictment in this case, Ed. Stark was killed by the defendant and her husband, Joe Bibb, by cutting him with an axe, as alleged in the indictment; that the defendant held said Stark from behind, holding down his…
1Opinion of the CourtClopton, J.
— On the trial of defendant for murder, the court instructed the jury: “In the trial of this case, on the issue of guilty or not guilty, the jury should not consider the defendant otherwise than as a femme sole.” There is no error in this charge. The presumption of the common law, that when the wife acts with her husband in the commission of a crime, she acts under his coercion, and consequently without guilty intent, is not allowed in all offenses, in the administration of the criminal law. “It may not be positively settled,” as has been well observed, “where the line of separation is; but…
2Cited by7 opinions
- Arp v. StateSupreme Court of Alabama · 1892
- Sullivan v. StateSupreme Court of Alabama · 1893
- Wratislaw v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Brown v. CommonwealthSupreme Court of Virginia · 1923
- State v. ReynoldsSupreme Court of Iowa · 1920
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