Bailey v. State
Alabama Court of Appeals
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. James R. Bailey was convicted of manslaughter in the first degree, and appeals. The person killed was John Johnson. The exceptions to evidence sufficiently appear in the opinion.
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Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. James R. Bailey was convicted of manslaughter in the first degree, and appeals. The person killed was John Johnson. The exceptions to evidence sufficiently appear in the opinion. The evidence for the state tended to show that an altercation arose between defendant and deceased about 8 o’clock at night, and that, after some words and a blow had passed, deceased went or was carried away from the scene of the difficulty, and a little later returned, when the fatal encounter took place; the killing occurring near the place…
1Opinion of the CourtPelham, J.
This is the second appeal in this case. —Bailey v. State, 4 Ala. App. 7, 58 South 675.
The evidence set out in the bill of exceptions on this appeal shows the affair to have been one continuous transaction from the time the dispute arose, or difficulty occurred, at or near the church, until the fatal re-encounter occurred in the public road- a short time afterwards; and the court was not in error in permitting the state to introduce in evidence the particulars of the difficulty that took place at the church. Nor was it error to allow the state to- show, by the doctor who examined the deceased…
2Cases cited15 opinions
- Jones v. StateSupreme Court of Alabama · 1911
- Morris v. StateSupreme Court of Alabama · 1906
- Gibson v. StateSupreme Court of Alabama · 1889
- Martin v. StateSupreme Court of Alabama · 1889
- Tanner v. StateSupreme Court of Alabama · 1890
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3Cited by9 opinions
- Bankhead v. StateAlabama Court of Appeals · 1947
- Mabry v. StateAlabama Court of Appeals · 1959
- Brown v. StateAlabama Court of Appeals · 1946
- Pruett v. StateAlabama Court of Appeals · 1948
- Cain v. StateAlabama Court of Appeals · 1917
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