Warsham v. State
Alabama Court of Appeals
Appeal from Circuit Court, Etowah County; J. E. Blackwood, Judge. Walter Warskam was convicted of murder in the second degree, and he appeals. The facts sufficiently appear from the opinion of the court. The exceptions referred to' as taken to the oral charge were as follows: (1) To that part of the charge defining deliberation, wherein the court stated no moment of time was necessary if he thought — that he intended to strike even-only for an instant of time.
Read the full summary
Appeal from Circuit Court, Etowah County; J. E. Blackwood, Judge. Walter Warskam was convicted of murder in the second degree, and he appeals. The facts sufficiently appear from the opinion of the court. The exceptions referred to' as taken to the oral charge were as follows: (1) To that part of the charge defining deliberation, wherein the court stated no moment of time was necessary if he thought — that he intended to strike even-only for an instant of time. (2) That part where the court said, when it is shown that a life has been taken by a pistol," that that raises the presumption of…
1Opinion of the CourtBricken, J.
The defendant was indicted for murder in the first degree. The indictment charged that he killed John, alias 1-Ians, Holmes, by shooting him with a pistol, etc. He was tried and convicted of the offense of murder in the second degree, and was sentenced to imprisonment in the penitentiary for a term of 12 years, from which judgment this appeal is taken.
The killing by the means charged is admitted, and the defendant undertakes to justify under the plea of self-defense. It. appears that the defendant was a police officer of the town of Alabama City, and without a warrant undertook to arrest the…
2Cases cited9 opinions
- Stone v. StateSupreme Court of Alabama · 1894
- Cunningham & Son v. Baker, Peterson & Co.Supreme Court of Alabama · 1893
- Rhodes v. McWilsonSupreme Court of Alabama · 1918
- Tarwater v. StateAlabama Court of Appeals · 1917
- Campbell v. StateAlabama Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Burk v. KnottAlabama Court of Appeals · 1924
- Brock v. StateAlabama Court of Appeals · 1937
- Ex Parte WarshamSupreme Court of Alabama · 1919
- Weldon v. StateAlabama Court of Appeals · 1957
- Weldon v. StateAlabama Court of Appeals · 1957