Fondren v. State
Supreme Court of Alabama
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Oscar Fondren was indicted for murder in the first degree, convicted of murder in the second degree, and he appeals. The defendant was charged with killing one Albert Patterson. The evidence tended to show that about 5 o’clock one afternoon defendant rode up to deceased’s house, stopped under a tree, and' deceased came out to where he was.
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Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Oscar Fondren was indicted for murder in the first degree, convicted of murder in the second degree, and he appeals. The defendant was charged with killing one Albert Patterson. The evidence tended to show that about 5 o’clock one afternoon defendant rode up to deceased’s house, stopped under a tree, and' deceased came out to where he was. It was raining hard, and after a few minutes deceased and defendant went to the barn to put up defendant’s horse, and after they had entered the bam five shots were heard and deceased was…
1Opinion of the CourtBrown, J.
If the appellant committed the homicide for which he was tried and convicted, and of this fact under the evidence there is little, if any, room for doubt and was at tbe time legally responsible, he was guilty of a most dastardly and heinous murder.
[1, 2] The litigated issues arose under his plea of “not guilty by reason of insanity,” and much evidence 'was offered tending to sustain this plea. On the evidence, as offered, he requested the court in writing to give the following instruction:
“If the jury find from the evidence that the defendant killed deceased while in an insane condition,…
2Cases cited6 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Ford v. StateSupreme Court of Alabama · 1882
- Cox v. StateSupreme Court of Alabama · 1909
- Moore v. StateAlabama Court of Appeals · 1915
- Caddell v. StateSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Johnson v. StateSupreme Court of Alabama · 1941
- Smarr v. StateSupreme Court of Alabama · 1953
- Oden v. KingSupreme Court of Alabama · 1927
- Deloney v. StateSupreme Court of Alabama · 1932
- Meriwether v. Crown Investment CorporationSupreme Court of Alabama · 1972
18 more not listed; retrieve them via the Exa API.