Allen v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Clay. Tried before the Hon. Georue E. Brewer. The appellant was indicted, tried and convicted of murder in the second degree, for killing one William Lankford, and sentenced to the penitentiary for ten years.
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Appeal from the Circuit Court of Clay. Tried before the Hon. Georue E. Brewer. The appellant was indicted, tried and convicted of murder in the second degree, for killing one William Lankford, and sentenced to the penitentiary for ten years. It was shown by the evidence that defendant killed Lankford in Clay county on the 21st day of February, 1894, at Motley’s 'store, by cutting him with a knife, and that the wound inflicted upon deceased was a stab in the right side of the neck about an inch deep, which penetrated the carotid artery, thus causing death. Briefly stated, the testimony on the…
1Opinion of the CourtMcOLELLAN, J.
The testimony of Walker and Sides as to what was said to and by the defendant while Lank-ford was away from Motley’s store was properly admitted. The defendant’s declarations made at that time and in response to advice by these witnesses that he go home in order to avoid a difficulty, viz. : “I will not run from him,” and “I can’t take everything,” had an obviously pertinent bearing on the inquiry whether the defendant stabbed Lankford in resentment of the latter’s abuse of him or in self-defense.
The opinion expressed by Ben Tidwell in Lankford’s presence at Truett’s store, as the latter…
2Cases cited5 opinions
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- Welsh v. StateSupreme Court of Alabama · 1892
- Boulden v. StateSupreme Court of Alabama · 1893
- Murphy v. StateSupreme Court of Alabama · 1895
- Smith v. StateSupreme Court of Alabama · 1890
3Cited by16 opinions
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