Reeves v. State
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Heard before D. C. Almon. Jack Reeves was convicted of murder and he appeals. The court should have charged the jury upon all the decrees of homicide included in the indictment, as the evidence made it a question for the jury whether there Avas sufficient provocation to reduce the offense from murder to manslaughter.- — Dennis v. State, 112 Ala. 67; So.
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Appeal from Lawrence Circuit Court. Heard before D. C. Almon. Jack Reeves was convicted of murder and he appeals. The court should have charged the jury upon all the decrees of homicide included in the indictment, as the evidence made it a question for the jury whether there Avas sufficient provocation to reduce the offense from murder to manslaughter.- — Dennis v. State, 112 Ala. 67; So. Ry. v. Burgess, 143 Ala. 364; Smith v. State, 83 Ala. 28; Mitchell v. State, 60 Ala. 32. The fact that defendant set up self-defense did not preclude him from insisting that there was sufficient provocation…
1Opinion of the Court
GABDNER, J. —
The defendant was tried for the murder of one Clint Kelsoe, was convicted of murder in the second degree, and sentenced to imprisonment for a period of 30 years.
Before the jury retired, the court submitted to the jury two blank forms of verdict, one of which was appropriate for a conviction of murder in the first degree, and the other of murder in the second degree, and in so submitting these two forms cautioned the jury that the same were to he used only in the event they found the defendant guilty — that if they found the accused guilty they should use the form of verdict for…
2Cases cited8 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Dennis v. StateSupreme Court of Alabama · 1895
- Ragland v. StateSupreme Court of Alabama · 1899
- Smith v. StateSupreme Court of Alabama · 1887
- Pearce v. StateAlabama Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Jones v. StateAlabama Court of Appeals · 1915
- Cox v. StateCourt of Criminal Appeals of Alabama · 1986
- Byrd v. StateSupreme Court of Alabama · 1952
- Easley v. StateSupreme Court of Alabama · 1944
- Manning v. StateSupreme Court of Alabama · 1928
38 more not listed; retrieve them via the Exa API.