Carmichael v. State
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Dan Carmichael was convicted of murder, and he appeals. The facts and objections to evidence sufficiently appear from the opinion. The following charges were refused to defendant: (1) The court charges the jury that all the necessary and material allegations of the indictment should be proven beyond a reasonable doubt, and, if the state has failed to do this, then defendant should not be convicted.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Dan Carmichael was convicted of murder, and he appeals. The facts and objections to evidence sufficiently appear from the opinion. The following charges were refused to defendant: (1) The court charges the jury that all the necessary and material allegations of the indictment should be proven beyond a reasonable doubt, and, if the state has failed to do this, then defendant should not be convicted. (2) The court charges the jury that malice is an ingredient of murder in the first degree, but such mailice is not the malice…
1Opinion of the CourtSayre, J.
Defendant was jointly indicted with his son David Carmichael for the murder of Horry Deshazo. A severance was ordered, and defendant alone was on trial. Defendant was convicted of murder in the first degree and sentenced to imprisonment in the penitentiary for life.
(1-4) Some minutes after receiving mortal wounds, deceased made a statement concerning the agency of defendant in their infliction and the attendant circumstances. The physician to whom the statement was made testified that deceased had requested that nothing be done for him but to ease him; that he be not moved; that he was going…
2Cases cited11 opinions
- Mitchell v. StateSupreme Court of Georgia · 1883
- Brown v. StateSupreme Court of Alabama · 1895
- Martin v. StateSupreme Court of Alabama · 1889
- Stoball v. StateSupreme Court of Alabama · 1897
- Amos v. StateSupreme Court of Alabama · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sanders v. StateCourt of Criminal Appeals of Alabama · 1982
- Woodard v. StateSupreme Court of Alabama · 1950
- Evans v. StateSupreme Court of Alabama · 1923
- Ragland v. StateSupreme Court of Alabama · 1939
- Emerson v. StateSupreme Court of Alabama · 1967
11 more not listed; retrieve them via the Exa API.