Fitzgerald v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant, John Fitzgerald, was tried under an indictment charging him with murder in the first degree, for killing one William Case ; and was convicted of manslaughter in the second degree, and sentenced to imprisonment in the county jail for six months.
Read the full summary
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant, John Fitzgerald, was tried under an indictment charging him with murder in the first degree, for killing one William Case ; and was convicted of manslaughter in the second degree, and sentenced to imprisonment in the county jail for six months. Upon the trial of the cause, as is shown by the bill of exceptions, the evidence for the State tended to show that on the night of August 19, 1895, William Case, the deceased, in company with two friends, went into a bar room Avlierein the defendant, John…
1Opinion of the CourtMcCLELLAN, J.
It is laid down by Mr. Bishop that “every act of gross carelessness, even in the performance of what is lawful, and, a fortiori, of what is not lawful, and every negligent omission of a legal duty, whereby death ensues, is indictable either as murder or manslaughter.” — 1 Bish. Cr. Law, § 314. And that author gives the reason underlying the doctrine of criminal carelessness, thus : “There is little distinction, except in degree, between a positive will to do wrong and an indifference whether wrong is done or not. Therefore, carelessness is criminal; and, within limits, supplies the place of…
2Cases cited3 opinions
- Sanders v. StateSupreme Court of Alabama · 1894
- Hampton v. StateSupreme Court of Alabama · 1871
- White v. StateSupreme Court of Alabama · 1887
3Cited by27 opinions
- Bessie Cannon v. State of FloridaSupreme Court of Florida · 1926
- State v. McMahanIdaho Supreme Court · 1937
- State v. WrightSupreme Judicial Court of Maine · 1929
- Smith v. StateSupreme Court of Florida · 1953
- Jones v. StateAlabama Court of Appeals · 1926
22 more not listed; retrieve them via the Exa API.