Cross v. State
Supreme Court of Alabama
FROM tbe Circuit Court of Madison. Tried before the Hon. Henry C. Speake. The indictment in this case charged that the defendant, Oliver Cross, “unlawfully and with malice aforethought killed David Fearn, by shooting him with a gun.” The defendant pleaded not guilty, and issue was joined on that plea. The bill of exceptions purports to set out all the evidence adduced on the trial, but it is not necessary to state it at length.
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FROM tbe Circuit Court of Madison. Tried before the Hon. Henry C. Speake. The indictment in this case charged that the defendant, Oliver Cross, “unlawfully and with malice aforethought killed David Fearn, by shooting him with a gun.” The defendant pleaded not guilty, and issue was joined on that plea. The bill of exceptions purports to set out all the evidence adduced on the trial, but it is not necessary to state it at length. The defendant and the deceased were both freedmen. The killing occurred on the plantation of Gen. Moore in Madison county, in June, 1881, at the cabin of Robert Duke,…
1Opinion of the CourtStone, J.
Counsel has not insisted on the third charge asked by defendant and refused, and, in effect, concedes it was rightly refused by the Circuit Court. It is very clear that charge should not have been given. Parties are presumed to intend the natural consequences of their intentional acts. Two witnesses testify positively that, a short time before the shooting, the accused informed them the gun was loaded. We are not informed the gun was fired off, between that time and the homicide. The only evidence against this is, that the accused, after he had fired the fatal shot, and after he was upbraided…
2Cases cited6 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- Mitchum v. StateSupreme Court of Georgia · 1852
- McAdory v. StateSupreme Court of Alabama · 1878
- Hadley v. StateSupreme Court of Alabama · 1876
- Scripps v. ReillyMichigan Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by216 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Cook v. StateSupreme Court of Alabama · 1979
- Shadle v. StateSupreme Court of Alabama · 1967
- Arant v. StateSupreme Court of Alabama · 1936
211 more not listed; retrieve them via the Exa API.