Legal Opinion

McGuffin v. State

Supreme Court of Alabama

Decided June 29, 1912PublishedCited by 7 opinions

Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. William McGuffin was convicted of murder in the second degree, and he appeals. The oral charge of the court, objected to, Avas as follows: “(1) If a man is subject to arrest — done something for Avhich officers of the law have a right to arrest him — and he should take the life of another intentionally, in order to avoid arrest, that might be his sole motive.

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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. William McGuffin was convicted of murder in the second degree, and he appeals. The oral charge of the court, objected to, Avas as follows: “(1) If a man is subject to arrest — done something for Avhich officers of the law have a right to arrest him — and he should take the life of another intentionally, in order to avoid arrest, that might be his sole motive. He might not have the slightest feeling of anger or ill will towards the officer who undertook to arrest him; but, either through fear of the consequences, or…

1Opinion of the CourtSimpson, J.

The appellant was convicted of the crime of murder in the second degree.

There was no error in allowing the introduction of the pistol, after the witness had stated that it was either the one which defendant had on him, or one just like it. In addition, the defendant himself afterwards identified the pistol as his.

There was no error in overruling the objection to the question to the defendant, when on the stand as a witness, on cross-examination, “Where did you get that Swiss rifle?” It was permissible to test the accuracy of the witness’ statement that he was too drunk to remember anything.

The…

2Cases cited5 opinions

  1. Daughdrill v. StateSupreme Court of Alabama · 1896
  2. Holley v. StateSupreme Court of Alabama · 1883
  3. Chatham v. StateSupreme Court of Alabama · 1890
  4. Patterson v. StateSupreme Court of Alabama · 1909
  5. Heninburg v. StateSupreme Court of Alabama · 1907

3Cited by7 opinions

  1. Higginbotham v. StateSupreme Court of Alabama · 1955
  2. Payne v. StateSupreme Court of Alabama · 1954
  3. Hyche v. StateAlabama Court of Appeals · 1927
  4. Lowery v. StateCourt of Criminal Appeals of Alabama · 1974
  5. Lowery v. StateSupreme Court of Alabama · 1975

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