Harbin v. State
Alabama Court of Appeals
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Joe Harbin was convicted Of murder in the second degree, and he appeals. Some of the exceptions to evidence sufficiently appear. Over the objection of defendant Mrs. Hinton was allowed to state: “He never named Jerry Keeton, but said there was á man that would have to die some day, and that it might cause trouble, but he said he sure would have to die, and that he (Harbin) was wearing shoe in his neck now.”
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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Joe Harbin was convicted Of murder in the second degree, and he appeals. Some of the exceptions to evidence sufficiently appear. Over the objection of defendant Mrs. Hinton was allowed to state: “He never named Jerry Keeton, but said there was á man that would have to die some day, and that it might cause trouble, but he said he sure would have to die, and that he (Harbin) was wearing shoe in his neck now.” The witness Sharpe was permited to.testify: “I went to Joe Harbin and asked him to drop the difficulty between him and…
1Opinion of the CourtBrown, J.
The appellant was indicted jointly with his two brothers John and Nathan for the murder of Jerry Keeton, and, demanding a severance, was tried and convicted of murder in the second degree. The fact of the killing by appellant is not disputed, and the state’s theory of the case — and there was abundant evidence tending to support it — is that Harbin and his brothers armed themselves and went to a blacksmith shop on the road leading from Waynesboro, Tenn., to Florence, Ala., knowing that the deceased was traveling along that road and would pass this shop in a short time after they stationed…
2Cases cited12 opinions
- Cox v. StateSupreme Court of Alabama · 1909
- Scott v. StateSupreme Court of Alabama · 1857
- Rector v. StateAlabama Court of Appeals · 1914
- Williams v. StateSupreme Court of Alabama · 1906
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fuller v. StateSupreme Court of Alabama · 1959
- Leonard v. StateCourt of Criminal Appeals of Alabama · 1989
- Hardeman v. StateCourt of Criminal Appeals of Alabama · 1994
- Jackson v. StateAlabama Court of Appeals · 1951
- Pope v. StateAlabama Court of Appeals · 1957
5 more not listed; retrieve them via the Exa API.