Grant v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Tried before Hon. Samuel E. Greene. Appellant was tried and convicted under an indictment charging him with the murder of A. W. Busby by shooting him with a gun or pistol. The evidence on the part of the State was entirely circumstantial, showing that Busby was found dead in his house, shot through the back of the head and neck.
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Appeal from Jefferson Criminal Court. Tried before Hon. Samuel E. Greene. Appellant was tried and convicted under an indictment charging him with the murder of A. W. Busby by shooting him with a gun or pistol. The evidence on the part of the State was entirely circumstantial, showing that Busby was found dead in his house, shot through the back of the head and neck. His house was about one mile from College Station, which is on the East Lake dummy line about six miles from Birmingham. Defendant and deceased were seen at College Station about 3 P. M. of the day of the killing, and were talking…
1Opinion of the CourtHead, J.
— There was evidence tending to show the guilt of the accused, as charged in the indictment. Its sufficiency was for the jury. The general charge requested by the defendant was, therefore, properly refused.
It was the duty of the jury to consider all the evidence, both for the State and accused, in making up their verdict; hence the second charge requested, which limited them to a consideration of the evidence introduced by the defendant, was properly refused.
The third charge requested is precisely the same as one held bad in Tompkins v. State, 32 Ala. 569. See the numerous authorities there…
2Cases cited2 opinions
- Wharton v. StateSupreme Court of Alabama · 1882
- Tompkins v. StateSupreme Court of Alabama · 1858
3Cited by15 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Helms v. StateSupreme Court of Alabama · 1950
- Pope v. StateSupreme Court of Alabama · 1910
- Vaughn v. StateSupreme Court of Alabama · 1900
- Ray v. StateSupreme Court of Alabama · 1946
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