Moore v. State
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Madison Moore was charged with murder in the first degree, was convicted of manslaughter in the first degree, and appeals.
1Opinion of the CourtSamford, J.
[1] Two of the jurors, when called by the court to be qualified as jurors, in answer to the question, “Would you convict on circumstantial evidence?” answered in the negative. The solicitor, acting for the state, accepted one and challenged the other. The defendant could not complain of this. It was a question solely for the state, and the state, with the consent of the court, could waive it either as to one or both. Spicer's Case, 188 Ala. 9, 65 South. 972.
[2-4] After the state had shown by the witness that the deceased was conscious and talked rationally, and stated that he was going to…
2Cases cited5 opinions
- Spicer v. StateSupreme Court of Alabama · 1914
- Turner v. StateSupreme Court of Alabama · 1909
- Alabama Steel & Wire Co. v. ThompsonSupreme Court of Alabama · 1909
- Fuqua v. StateAlabama Court of Appeals · 1911
- Randall v. StateAlabama Court of Appeals · 1916
3Cited by11 opinions
- Gwin v. StateCourt of Criminal Appeals of Alabama · 1982
- Hembree v. StateAlabama Court of Appeals · 1924
- Hutto v. StateCourt of Criminal Appeals of Alabama · 1974
- Cazalas v. StateAlabama Court of Appeals · 1964
- Adkins v. StateAlabama Court of Appeals · 1924
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