Harrell v. State
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Freeman Harrell was convicted of murder in the first degree, and he appeals. The facts are sufficiently stated in the opinion of the court.
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Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Freeman Harrell was convicted of murder in the first degree, and he appeals. The facts are sufficiently stated in the opinion of the court. The following- charges were refused to the defendant: “(1) The court charges you, gentlemen of the jury, that if there are two constructions which may be placed upon any point in the evidence, one favorable to the defendant and the other unfavorable, you must follow the construction favorable to him. (2) The court charges you, gentlemen of the jury, that if you believe from the evidence in…
1Opinion of the CourtMcCLELLAN, J.
The defendant is condemned to die for the murder of a woman, Nancy Toodles. The evidence discloses the prosecution’s theory to have been that defendant, inspired by jealousy, shot deceased without semblance of legal excuse or justification. The *16defense was that in a scuffle or tussle over a revolver the weapon was discharged, resulting in the woman’s death. During the examination in chief of Hatcher, a witness offered by defendant, this question was propounded: “Describe her condition at that time. Did she show any evidence of having imbibed of any spirituous liquors?” The state objecting to…
2Cases cited6 opinions
- Fonville v. StateSupreme Court of Alabama · 1890
- Gregory v. StateSupreme Court of Alabama · 1903
- Smith v. StateSupreme Court of Alabama · 1889
- Thomas v. StateSupreme Court of Alabama · 1893
- Askew v. StateSupreme Court of Alabama · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lee v. StateAlabama Court of Appeals · 1922
- Eaton v. StateAlabama Court of Appeals · 1913
- Tittle v. StateAlabama Court of Appeals · 1916
- Davis v. StateAlabama Court of Appeals · 1923
- Dobbins v. StateAlabama Court of Appeals · 1916
6 more not listed; retrieve them via the Exa API.