Martin v. State
Supreme Court of Alabama
From the Circuit Court of Marshall. Tried before the I-Ton. John B. Tally. The defendant in this case, James Martin, was indicted for the murder of Lewis Bullard, “by striking him on the head with a rock;” was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of five years. The defendant was a negro boy about fourteen years old, his exact age being disputed; and the deceased was a negro boy about seventeen years old.
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From the Circuit Court of Marshall. Tried before the I-Ton. John B. Tally. The defendant in this case, James Martin, was indicted for the murder of Lewis Bullard, “by striking him on the head with a rock;” was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of five years. The defendant was a negro boy about fourteen years old, his exact age being disputed; and the deceased was a negro boy about seventeen years old. They were both laborers on the farm of A. G. Henry, ate their meals at the house of Mr. Thrift, the foreman on the place, and occupied…
1Opinion of the Court
STONE. C. J.
The defendant was indicted for murder, and was convicted of manslaughter in the first degree. The accused was a youth about fourteen years old; but whether he was under or over that age, was a controverted question before the jury. Most of the questions reserved have some relation to that inquiry.
There is a common-law principle, venerable for its age, that in case of a minor between seven and fourteen years of age, the presumption is, that he or she had not the requisite guilty knowledge of the wrongfulness or wickedness of the act charged, to authorize a conviction of felony. But…
2Cases cited5 opinions
- Roberts v. StateSupreme Court of Alabama · 1880
- Watkins v. StateSupreme Court of Alabama · 1889
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1876
- Weed v. StateSupreme Court of Alabama · 1876
- Godfrey v. StateSupreme Court of Alabama · 1858
3Cited by33 opinions
- Cooley v. StateSupreme Court of Alabama · 1936
- Craven v. StateAlabama Court of Appeals · 1927
- Brown v. StateAlabama Court of Appeals · 1946
- Greenlaw v. DilworthTexas Commission of Appeals · 1927
- State ex rel. Cave v. TincherSupreme Court of Missouri · 1914
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