Amos v. State
Supreme Court of Alabama
From tie Circuit Court of DeKalb. Tried before tbe Hon. John B. Tally. The indictment in tbis case charged, that Rube Amos, Bud Amos and Tobe Amos, “unlawfully and with malice aforethought, killed William Fuller, by striking him with an axe;” or, as alleged in the second count, “by stabbing him with a knife;” or, as in the third count, “by striking him with an axe, and cutting and stabbing him with knives.”
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From tie Circuit Court of DeKalb. Tried before tbe Hon. John B. Tally. The indictment in tbis case charged, that Rube Amos, Bud Amos and Tobe Amos, “unlawfully and with malice aforethought, killed William Fuller, by striking him with an axe;” or, as alleged in the second count, “by stabbing him with a knife;” or, as in the third count, “by striking him with an axe, and cutting and stabbing him with knives.” Bud and Tobe Amos, being duly arraigned, and on trial together, applied for a change of venue, and excepted to the refusal of the court to grant it; after which they pleaded not guilty,…
1Opinion of the CourtStone, C. J.
— The defendants were tried on an indictment charging them with murder, and they were convicted of that offense in the second degree. Several witnesses testified to confessions made by the different defendants. Among them was one Ferguson, who aided in arresting them. The confession of which he gave testimony was made while the prisoners were in custody. He was asked, • “What did defendant Tobe Amos say about participating in the killing of William Fuller?” His answer tended to criminate- him. There was objection and exception alike to the question and the answer. The record is silent as to…
2Cases cited9 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Williams v. StateSupreme Court of Alabama · 1886
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- McAnally v. StateSupreme Court of Alabama · 1883
- Jordan v. StateSupreme Court of Alabama · 1885
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3Cited by36 opinions
- Jones v. StateSupreme Court of Alabama · 1911
- Morris v. StateSupreme Court of Alabama · 1906
- Gibson v. StateSupreme Court of Alabama · 1889
- Stokley v. StateSupreme Court of Alabama · 1950
- Martin v. StateSupreme Court of Alabama · 1889
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