Cates v. State
Supreme Court of Alabama
From the Circuit Court of Tuskaloosa. Tried before the Hon. W. S. Muno. The prisoner, John Spaniard Cates, was indicted for the murder of Moses Terrell, his brother-in-law; was convicted of manslaughter in the first degree, and sentenced to eight years’ imprisonment in the penitentiary. On the trial, he reserved several exceptions to charges given by the court, and to the refusal of several charges asked by him; and these are- the matters here relied on for a reversal.
Read the full summary
From the Circuit Court of Tuskaloosa. Tried before the Hon. W. S. Muno. The prisoner, John Spaniard Cates, was indicted for the murder of Moses Terrell, his brother-in-law; was convicted of manslaughter in the first degree, and sentenced to eight years’ imprisonment in the penitentiary. On the trial, he reserved several exceptions to charges given by the court, and to the refusal of several charges asked by him; and these are- the matters here relied on for a reversal. All the material facts are stated in the opinion of the court.
1Opinion of the CourtB. F. Saffold, J.
The accused was the brother-in-law of Moses Terrell, whom he was charged with killing. They lived ill the same house, on premises belonging to the defendant, Terrell keeping the house, and the other boarding with him. Their relations to each other were friendly; but the deceased, when told of a proposition made to his wife by the defendant, who was her brother, to swap work with him, came home angry, declaring “ he would die or spill blood.” He inquired for the defendant, who answered, “ Here I am,” or “ Here I am, by God; ” and they at once engaged in a fight, which resulted in the deceased…
2Cited by5 opinions
- State v. JacksonOregon Supreme Court · 1881
- Bohannon v. StateCourt of Criminal Appeals of Alabama · 2015
- Green v. StateSupreme Court of Alabama · 1881
- McNeezer v. StateSupreme Court of Alabama · 1879
- Ragland v. StateSupreme Court of Alabama · 1912