Legal Opinion

Hutchens v. State

Supreme Court of Alabama

Decided January 12, 1922No. 6 Div. 412PublishedCited by 13 opinions

Appeal from Circuit Court, Jefferson County ; Wm. E. Port, Judge. Price Hutchens, alias, etc,, was convicted of murder in the second degree, and he appeals.

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Appeal from Circuit Court, Jefferson County ; Wm. E. Port, Judge. Price Hutchens, alias, etc,, was convicted of murder in the second degree, and he appeals. In the examination of the witness Mc-Glaun, he testified that he saw the deceased just a few minutes before the shooting, probably not more than five minutes; that he appeared excited, looked mad, and asked if some one had done something to him, and that witness stopped him and asked him some question when he passed on a few steps, and the _ witness was then asked if the deceased said anything to some one else. There was objection by the…

1Opinion of the CourtMcCBEDDAN, J.

[1] The appellant has been convicted of murder in the second degree, and his punishment fixed at 50 years’ imprisonment in the penitentiary. The man killed by appellant was Henry Taylor, another negro. The shooting took place on the sidewalk either immediately in front of Jones’ tailor shop or pool room, or-was near thereto. The state’s theory was that the appellant followed Taylor to Taylor’s place of employment at Jones’ place soon after appellant and Taylor had had elsewhere some dispute or difficulty, that he awaited Taylor’s coming out of the shop, the evidence tending to show a lying in…

2Cases cited1 opinion

  1. Kuykendall v. EdmondsonSupreme Court of Alabama · 1917

3Cited by13 opinions

  1. Ellis v. StateSupreme Court of Alabama · 1943
  2. Payne v. StateSupreme Court of Alabama · 1954
  3. Carpenter v. StateCourt of Criminal Appeals of Alabama · 1981
  4. Hyche v. StateAlabama Court of Appeals · 1927
  5. Stephens v. StateSupreme Court of Alabama · 1949

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