Legal Opinion

Fowler v. State

Supreme Court of Alabama

Decided May 20, 1909PublishedCited by 17 opinions

Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Frank Fowler was convicted of murder in the second degree, and appeals.

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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Frank Fowler was convicted of murder in the second degree, and appeals. The following charges were refused to the defendant: “(1) The court charges the jury that the defendant cannot be convicted of murder in the second degree or manslaughter in the first degree unless the defendant had the intention to kill Missouri Fowler, or intended to do an act of violence from which ordinarily, in the usual course of events, death or great bodily harm may be the consequence. (2) The court charges the jury that the defendant cannot be…

1Opinion of the CourtDowdell, C. J.

This is the second appeal in this -case. See Fowler v. State, 155 Ala. 21, 45 South. 913. The evidence on the last trial, as on the former, was wholly circumstantial as to the cause of the death of the person charged in the indictment to have, been mur*5dered. The evidence of the expert witnesses as. to whether death was the result of natural causes, or of violence inflicted by some one, was in conflict. That the immediate and direct cause of death was a blood clot upon the brain of the deceased was without conflict or dispute; but whether the clot upon the brain was the result of pathological…

2Cases cited6 opinions

  1. Lewis v. StateSupreme Court of Alabama · 1892
  2. Dennis v. StateSupreme Court of Alabama · 1895
  3. Harrington v. StateSupreme Court of Alabama · 1887
  4. Fowler v. StateSupreme Court of Alabama · 1908
  5. Reynolds v. StateSupreme Court of Alabama · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Gautney v. StateSupreme Court of Alabama · 1969
  2. Rainey v. StateSupreme Court of Alabama · 1944
  3. Jones v. StateAlabama Court of Appeals · 1915
  4. Langham v. StateAlabama Court of Appeals · 1915
  5. Scott v. StateSupreme Court of Alabama · 1924

12 more not listed; retrieve them via the Exa API.

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