Bankhead v. State
Supreme Court of Alabama
Appeal from Lamar Circuit Court. Tried before Hon. S. H. Sprott. Marion Bankhead was indicted for the murder of Doug Wells. The evidence tended to show that the defendant and one Dewitt Fleming in going to church had to pass by the house of the deceased. When near the house defendant said he wanted to stop and see the dec-eased about some reports or tales he had been telling. Fleming told him not to stop, but he said, he would stop.
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Appeal from Lamar Circuit Court. Tried before Hon. S. H. Sprott. Marion Bankhead was indicted for the murder of Doug Wells. The evidence tended to show that the defendant and one Dewitt Fleming in going to church had to pass by the house of the deceased. When near the house defendant said he wanted to stop and see the dec-eased about some reports or tales he had been telling. Fleming told him not to stop, but he said, he would stop. Defendant went to the gate and called “Hello.” Deceased came to the door and invited the two to come in. Tlie defendant said “No, yon come her; I want to talk…
1Opinion of the CourtTyson, J.
— It apepars from the record that on Feb. 28th, 1899, the defendant was arraigned upon the indictment and plead not guilty. On the same day as shown by the recitals of the judgment entry an agreement was made that “the State by its solicitor W. I>. Oliver waives capital punishment in said case, said defendant being-present in open court consenting thereto — the court set Thursday the 9th day of March for the trial of same.’’ It is manifest that it ivas the purpose and intent of this agreement to eliminate capital punishment and to make it only possible for the defendant to be punished in the…
2Cases cited7 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Burton v. StateSupreme Court of Alabama · 1896
- Johnson v. StateSupreme Court of Alabama · 1891
- Sylvester v. StateSupreme Court of Alabama · 1882
- Fields v. StateSupreme Court of Alabama · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Morris v. StateSupreme Court of Alabama · 1906
- Wade v. StateSupreme Court of Alabama · 1921
- Bates v. StateSupreme Court of Alabama · 1911
- Travelers' Ins. Co. v. WhitmanSupreme Court of Alabama · 1918
13 more not listed; retrieve them via the Exa API.