Lacey v. State
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. Alto V. Lee. Thomas Lacy was convicted of wantonly or maliciously throwing a missile calculated to produce death or great bodily harm at or into a passenger car forming a part of the railroad train, towit, a passenger car of the Alabama Great Southern Railroad Company, a corporation. From this conviction, and a sentence to the penitentiary of five years, the defendant appeals.
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Appeal from Gadsden City Court. Heard before Hon. Alto V. Lee. Thomas Lacy was convicted of wantonly or maliciously throwing a missile calculated to produce death or great bodily harm at or into a passenger car forming a part of the railroad train, towit, a passenger car of the Alabama Great Southern Railroad Company, a corporation. From this conviction, and a sentence to the penitentiary of five years, the defendant appeals. Demurrers were sustained to the first and second counts, and overruled to the third count the substance of which is above set out. The demurrers are not set out in the…
1Opinion of the CourtDowdell, J.
The demurrer to the indictment is nowhere set out in the record. We cannot, therefore, consider the action of the trial-court in overruling it. For aught that we can tell, the demurrer was general. — McQueen v. State, 138 Ala. 63, 35 South. 39.
There was evidence from which the jury were authorized to infer the existence of a conspiracy. Charges 6, 20, 21, and 22, requested by the defendant, and which were refused, ignored this phase of the evidence, and were therefore properly refused. — Bowen v. State, 140 Ala. 65, 37 South. 233.
On the conditions hypothesized in charges 12 and 13, requested…
2Cases cited6 opinions
- Walker v. StateSupreme Court of Alabama · 1903
- Bowen v. StateSupreme Court of Alabama · 1903
- Ex parte BonnerSupreme Court of Alabama · 1893
- Buford v. StateSupreme Court of Alabama · 1902
- Sankey v. StateSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gurley v. StateAlabama Court of Appeals · 1952
- Tanner v. StateAlabama Court of Appeals · 1953
- Rountree v. StateAlabama Court of Appeals · 1924
- Powell v. StateAlabama Court of Appeals · 1912
- Askew v. StateAlabama Court of Appeals · 1912
8 more not listed; retrieve them via the Exa API.