Williams v. State
Supreme Court of Alabama
From tbe Circuit Court of Pike. Tried before tbe Hon. Jno. P. Hubbard. Tbe defendant in tbis case, Guy Williams, was indicted for tbe murder of Frank Berry, “by striking bim witb a stick;” was tried on issue joined on the plea of not guilty, convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of five years.
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From tbe Circuit Court of Pike. Tried before tbe Hon. Jno. P. Hubbard. Tbe defendant in tbis case, Guy Williams, was indicted for tbe murder of Frank Berry, “by striking bim witb a stick;” was tried on issue joined on the plea of not guilty, convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of five years. On the trial, as appears from the bill of exceptions, it was proved that the killing occurred at a “dance and public supper in the neighborhood,” which was attended by the defendant and the deceased; that while the deceased was dancing, the…
1Opinion of the Court
STONE, C. J.-
— Since the trial of this case in the Circuit Court, the principles declared in McManus v. The State, 36 Ala. 285, have been explained and somewhat modified. Harrington v. State, ante, p. 9. The case last mentioned presented the inquiry in respect to the instrumentality by which the homicide was brought about, somewhat like the act from which death seems to have resulted in this case. In such case, death would not ordinarily ensue from the force employed. We quoted without disapproval what was said by Tilghman, 0. J. in Com. v. Gable, 7 Serg. & R. 423, as follows: “I take it that…
2Cases cited4 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- DeArman v. StateSupreme Court of Alabama · 1882
- McManus v. StateSupreme Court of Alabama · 1860
- Hadley v. StateSupreme Court of Alabama · 1876
3Cited by25 opinions
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1901
- Maxwell v. StateSupreme Court of Alabama · 1889
- Williams v. StateSupreme Court of Alabama · 1948
- Lewis v. StateSupreme Court of Alabama · 1892
- Cleveland v. StateSupreme Court of Alabama · 1888
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