Thompson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. O. Kyle. Tlie appellant was tried under an indictment which charged that “before the finding of this indictment, Dan Thompson unlawfully and intentionally, but without malice, killed James 'Carter by running with a horse against a mule on which said 'Carter was riding, thereby knocking said Carter from his said mule upon the ground, killing him as aforesaid,” was convicted of manslaughter in the second degree,…
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Appeal from the Circuit Court of Madison. Tried before the Hon. O. Kyle. Tlie appellant was tried under an indictment which charged that “before the finding of this indictment, Dan Thompson unlawfully and intentionally, but without malice, killed James 'Carter by running with a horse against a mule on which said 'Carter was riding, thereby knocking said Carter from his said mule upon the ground, killing him as aforesaid,” was convicted of manslaughter in the second degree, and sentenced to one year’s hard labor for the county. On the trial of the cause the evidence for the ¡átate tended to…
1Opinion of the CourtSharpe, J.
Horse-racing along a public road is unlawful and if the homicide was caused by such unlawful act it may have amounted to manslaughter in the second degree regardless of whether the running was furious, reckless and grossly negligent. For this reason charge 15 was properly refused.
Charges 14 and 2 were both bad under the authority of this court’s recent decisions. As to 14 see Amos v. State, 123 Ala. 50, Rogers v. State, 117 Ala. 9. As to 2, see Avery v. State, 124 Ala. 20 and like decisions therein cited.
To authorize a conviction of manslaughter in the second degree the averment of intention…
2Cases cited3 opinions
- Rogers v. StateSupreme Court of Alabama · 1897
- Amos v. StateSupreme Court of Alabama · 1898
- Avery v. StateSupreme Court of Alabama · 1899
3Cited by20 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Schultz v. StateNebraska Supreme Court · 1911
- Smith v. StateSupreme Court of Alabama · 1904
- Shelton v. StateSupreme Court of Alabama · 1905
- Broxton v. StateAlabama Court of Appeals · 1936
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