Holmes v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Clay. Tried before tbe Hon. N. L. Denson. Tbe appellant was indicted and tried for tbe murder of one Henry Mann, and was convicted of murder in tbe second degree, and sentenced to tbe penitentiary for ten years. Tbe evidence as to tbe particulars of tbe difficulty, in wbicb tbe deceased was killed, and bow it arose, was in conflict.
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Appeal from tbe Circuit Court of Clay. Tried before tbe Hon. N. L. Denson. Tbe appellant was indicted and tried for tbe murder of one Henry Mann, and was convicted of murder in tbe second degree, and sentenced to tbe penitentiary for ten years. Tbe evidence as to tbe particulars of tbe difficulty, in wbicb tbe deceased was killed, and bow it arose, was in conflict. Tbe evidence for tbe 'State tended to sbow tbat tbe defendant and bis brother, Tbomas Holmes, and tbe deceased and bis three sons were coming from their work on tbe road; tbat Jim Mann, a son of tbe deceased, and Tbomas Holmes, a…
1Opinion of the CourtColeman, J.
The defendant was convicted of murder in the second degree. The first exception was to the action of the court, overruling an objection to the question, “Do you know of any bad feeling between defendant and deceased prior to the difficulty ?” It was competent to prove bad feeling as tending to show malice. “Bad feeling” is a fact to which a witness may testify. It stands in the category of health, sickness, good humor, anger, jest. Polk v. State, 62 Ala. 237. The next exception was to the ruling of the court, in sustaining an objection to the question “State whether or not the hoe that Henry…
2Cases cited5 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Lewis v. StateSupreme Court of Alabama · 1889
- Keith v. StateSupreme Court of Alabama · 1892
- Brown v. StateSupreme Court of Alabama · 1887
- Polk v. StateSupreme Court of Alabama · 1878
3Cited by27 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Bluett v. StateSupreme Court of Alabama · 1907
- Roberson v. StateSupreme Court of Alabama · 1913
- Sullivan v. StateSupreme Court of Alabama · 1893
- Goldsmith v. StateSupreme Court of Alabama · 1894
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