Scales v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Blount. Tried before tbe Hon. JOHN B. Tally.. Tbe indictment in tliis case- was found by a grand jury of St. Clair county, and charged tbe appellant, Robert Scales, with tbe murder of James Calvin McCain, “by shooting him with a pistol.” On tbe .application of tbe defendant, tbe venue was changed, and tbe case removed to tbe Circuit Court of Blount county, where tbe trial was bad.
Read the full summary
Appeal from tlie Circuit Court of Blount. Tried before tbe Hon. JOHN B. Tally.. Tbe indictment in tliis case- was found by a grand jury of St. Clair county, and charged tbe appellant, Robert Scales, with tbe murder of James Calvin McCain, “by shooting him with a pistol.” On tbe .application of tbe defendant, tbe venue was changed, and tbe case removed to tbe Circuit Court of Blount county, where tbe trial was bad. Tbe defendant was convicted of murder in tbe first degree, and sentenced to imprisonment in tbe State penitentiary for tbe term of bis natural life. Tbe deceased was shot at bi's…
1Opinion of the CourtStone, C. J.
There is much testimony in this record, and nothing to contradict it, that for several hours before the homicide was perpetrated defendant was making threats, sometimes without naming the object of such threats, but, at others, calling the name of deceased as the person against whom his animosity was directed. The testimony is also uncontradicted that the rencounter and homicide took place at the home of deceased, and at the gate in front of his residence, on a Sabbath evening, just after nightfall. It is also shown that defendant and one Jarvis went in company to McCain’s dwelling, and that…
2Cases cited7 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Eiland v. StateSupreme Court of Alabama · 1875
- Ex parte NettlesSupreme Court of Alabama · 1877
- McHugh v. StateSupreme Court of Alabama · 1858
- Sylvester v. StateSupreme Court of Alabama · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brown v. StateSupreme Court of Alabama · 1904
- Frost v. StateSupreme Court of Alabama · 1932
- Buffalow v. StateSupreme Court of Alabama · 1929
- Childers v. StateCourt of Criminal Appeals of Alabama · 1992
- Fleming v. StateSupreme Court of Alabama · 1907
15 more not listed; retrieve them via the Exa API.