Gordon v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Wilcox. Tried before the Hon. John Moore. Tbe appellant, Littleton Gordon, was indicted and tried for tbe murder of David John Stephens, was convicted of murder in the second degree and sentenced to tbe penitentiary for thirty years.
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Appeal from tbe Circuit Court of Wilcox. Tried before the Hon. John Moore. Tbe appellant, Littleton Gordon, was indicted and tried for tbe murder of David John Stephens, was convicted of murder in the second degree and sentenced to tbe penitentiary for thirty years. Tbe evidence for tbe State tended to show tliat as tbe defendant and tbe deceased, David John Stephens, -were walking home from a country church at night, the defendant caught hold of tbe deceased, and, holding on to his coat, walked past several other people who were also returning from church; that when tbe defendant and the…
1Opinion of the CourtTyson, J.
Manifestly tbe exclamation of those, upon hearing tbe pistol shot, some hundred yards away from tbe place of tbe shooting, that “David John has killed Littleton,” was but an expression of an opinion —an erroneous opinion at that.
Tbe defendant bad introduced evidence of the particulars of a former difficulty between defendant and deceased, and in rebuttal tbe State offered testimony of tbe particulars of tbe same difficulty. The refusal of tbe court to exclude tbe testimony offered by the State was not error; nor was tbe refusal of the court to limit tbe effect of this testimony improper. Tbe…
2Cases cited7 opinions
- DeArman v. StateSupreme Court of Alabama · 1884
- McDaniel v. StateSupreme Court of Alabama · 1892
- Carter v. StateSupreme Court of Alabama · 1886
- Roden v. StateSupreme Court of Alabama · 1892
- Winslow v. StateSupreme Court of Alabama · 1890
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3Cited by14 opinions
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- Thomas v. StateSupreme Court of Alabama · 1907
- Longmire v. StateSupreme Court of Alabama · 1900
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