Legal Opinion

Beech v. State

Supreme Court of Alabama

Decided December 18, 1919No. 1 Div. 122PublishedCited by 5 opinions

Appeal from Circuit Court, Washington County; Ben D. Turner, Judge. Demus Beech was convicted of murder in the first degree, and he appeals. Appellant was jointly indicted with Quinnie and Henry Loper for the murder of one James M. Turner, Jr. A severance was demanded, and appellant tried, resulting in a conviction of murder in the first degree, and punishment being fixed at life imprisonment, from which judgment of conviction he prosecutes this appeal.

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Appeal from Circuit Court, Washington County; Ben D. Turner, Judge. Demus Beech was convicted of murder in the first degree, and he appeals. Appellant was jointly indicted with Quinnie and Henry Loper for the murder of one James M. Turner, Jr. A severance was demanded, and appellant tried, resulting in a conviction of murder in the first degree, and punishment being fixed at life imprisonment, from which judgment of conviction he prosecutes this appeal. The evidence tended to show that deceased was shot on the morning of March 7, 1918, between sunrise and 9 o’clock, and that his body was…

1Opinion of the CourtGardner, J.

The questions reserved for consideration here relate to the admissibility of certain declarations made by Quinnie and Henry Loper, jointly indicted with appellant, but separately tried, some of which testimony appears in the foregoing statement of the case. The most damaging of these declarations appear to have been made nearly a year previous to the murder for which the defendant was. on trial, and were not made in the presence or "hearing of defendant. The theory upon which the admissibility of this testimony rests is that, when a conspiracy haá been shown to exist for the commission of an…

2Cases cited7 opinions

  1. McAnally v. StateSupreme Court of Alabama · 1883
  2. Patterson v. StateSupreme Court of Alabama · 1918
  3. Hunter v. StateSupreme Court of Alabama · 1895
  4. Brindley v. StateSupreme Court of Alabama · 1915
  5. State v. GilmoreSupreme Court of Iowa · 1911

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Deutcsh v. StateCourt of Criminal Appeals of Alabama · 1992
  2. Segars v. StateAlabama Court of Appeals · 1923
  3. Loper v. StateSupreme Court of Alabama · 1920
  4. Pynes v. StateSupreme Court of Alabama · 1922
  5. Deutcsh v. StateCourt of Criminal Appeals of Alabama · 1992

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