McQueen v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon John R. Tyson. The appellant was indicted for murder, convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for a period of twelve years.
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Appeal from the Circuit Court of Butler. Tried before the Hon John R. Tyson. The appellant was indicted for murder, convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for a period of twelve years. The indictment upon which the appellant was originally tried was for murder in the first degree, and having been convicted at the former term of the circuit court of Butler county for murder in the second degree, the defendant pleaded an acquittal of murder in the first degree on this second trial. In response to this special plea the bill of exceptions…
1Opinion of the CourtHead, J.
We are unable to see any valid objection to the remarks of the solicitor to the jury, when replying to the plea of former acquittal of the higher degree of the crime charged. .It was well for the jury to have such an explanation made to them; and whilst it would probably have been better for the court to have made it, there was no legal wrong in permitting the solicitor to do so.
The deceased was shot in the back, in the region of the kidneys, with a shot gun, inflicting a wound, with an orifice of about three inches, and which, the physician said, shot the left kidney literally to pieces. He…
2Cases cited2 opinions
- Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
- Ward v. StateSupreme Court of Alabama · 1885
3Cited by18 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Smith v. StateSupreme Court of Alabama · 1904
- Brewer v. StateSupreme Court of Alabama · 1909
- Madry v. StateSupreme Court of Alabama · 1918
- Griffin v. StateSupreme Court of Alabama · 1909
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