Gibson v. State
Supreme Court of Alabama
From the Circuit Court of Crenshaw. Tried before the Hon. John P. Hubbard. The defendants in this case, Ben. and Sam. Gibson, brothers, were .jointly indicted and tried for the murder of John Smith, by shooting him with a pistol, or by cutting him with a knife.
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From the Circuit Court of Crenshaw. Tried before the Hon. John P. Hubbard. The defendants in this case, Ben. and Sam. Gibson, brothers, were .jointly indicted and tried for the murder of John Smith, by shooting him with a pistol, or by cutting him with a knife. On the first trial, each of the defendants was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twenty .years; but the judgment was reversed by this court, and the cause remanded, as shown by the report of the case. — Gibson v. State, 89 -Ala. 121-30. On the second trial, as the record now…
1Opinion of the CourtStone, C. J.
Joe Gibson, father of the defendants, was examined as a witness for them. He testified that, about a week before the homicide, some altercation and angry words took place between him and Smith, the deceased. This altercation occurred in witness’ field, and he testified that, on the occasion referred to, Smith cursed him. The bill of exceptions, in connection with what is stated above, contains this language: u The defense did not enter into all the particulars of what occurred at the field, but put in evidence a portion of it. The State’s counsel, on cross-examination, proposed to go into the…
2Cases cited5 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Storey v. StateSupreme Court of Alabama · 1882
- Kirby v. StateSupreme Court of Alabama · 1889
- Lang v. StateSupreme Court of Alabama · 1887
- Smith v. StateSupreme Court of Alabama · 1889
3Cited by50 opinions
- Goff v. StateMississippi Supreme Court · 2009
- Lester v. JacobsSupreme Court of Alabama · 1925
- Compton v. StateSupreme Court of Alabama · 1895
- Wall v. StateAlabama Court of Appeals · 1911
- Logan v. StateSupreme Court of Alabama · 1973
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