Perry v. State
Supreme Court of Alabama
Prom tbe Circuit Court of DeKalb. Tried before the lion. John B. Tally. The defendant in this case, Albert Perry, was indicted for the murder of Lee Williams, by shooting him with a gun; was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of seven years.
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Prom tbe Circuit Court of DeKalb. Tried before the lion. John B. Tally. The defendant in this case, Albert Perry, was indicted for the murder of Lee Williams, by shooting him with a gun; was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of seven years. Both of the parties were freedmen, and were in the employment of the sheriff of the county; the defendant being employed as hostler, and the deceased as cook, and also having charge of the cows. The difficulty between them occurred one morning after breakfast, while preparations were being made…
1Opinion of the CourtStone, C. J.
— The law must and does place a high estimate on human life, and the circumstances must be exceptional to excuse its being taken, otherwise than in punishment of some crime which the law itself has made capital. Hence it is that, when life has been taken, not in obedience to some judicial sentence, the law raises the presumption that it was feloniously taken, unless the testimony which proves the killing, proves also the excuse or extenuation. Hence it is that, when a homicide is proved, and the criminating proof fails to disclose the excuse or extenuation, the law-imputed, felonious guilt…
2Cases cited8 opinions
- Jones v. StateSupreme Court of Alabama · 1884
- Roberts v. StateSupreme Court of Alabama · 1880
- Sylvester v. StateSupreme Court of Alabama · 1881
- Ingram v. StateSupreme Court of Alabama · 1880
- Ex parte BrownSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Evans v. StateSupreme Court of Alabama · 1895
- McGhee v. StateSupreme Court of Alabama · 1912
- Compton v. StateSupreme Court of Alabama · 1895
- Madry v. StateSupreme Court of Alabama · 1918
8 more not listed; retrieve them via the Exa API.