Legal Opinion

Goodman v. State

Alabama Court of Appeals

Decided September 7, 1916PublishedCited by 6 opinions

Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Henry Goodman was convicted of murder in the second degree, and appeals. The matters sufficiently appear as to charges A; B, and C. The other charges refused defendant are as follows: (8) I charge you, gentlemen of the jury, that it is for you to determine from the facts whether the killing is deliberate or premeditated, and it is not a presumption of law from the use of a deadly weapon.

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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Henry Goodman was convicted of murder in the second degree, and appeals. The matters sufficiently appear as to charges A; B, and C. The other charges refused defendant are as follows: (8) I charge you, gentlemen of the jury, that it is for you to determine from the facts whether the killing is deliberate or premeditated, and it is not a presumption of law from the use of a deadly weapon. (10) If the evidence in this case is such as to raise in your minds a reasonable doubt that at the time the fatal shot was fired the defendant…

1Opinion of the CourtEvans, J.

This appeal is prosecuted from a judgment of conviction of murder in the second degree. Appellant was arraigned on February 18, 1915, his counsel being present, and .pleaded not guilty. About two months thereafter his attorneys filed a motion for leave to withdraw the plea of not guilty and to interpose a special plea of not guilty by reason of insanity. The court denied this motion, but before doing so announced, as we are informed by the bill of exceptions, that it would feel constrained to allow the motion if counsel would submit an affidavit or affidavits in support thereof and showing…

2Cases cited6 opinions

  1. Lewis v. StateSupreme Court of Alabama · 1892
  2. Rector v. StateAlabama Court of Appeals · 1914
  3. Rohn v. StateSupreme Court of Alabama · 1914
  4. Nutt v. StateSupreme Court of Alabama · 1879
  5. Morrell v. StateSupreme Court of Alabama · 1902

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3Cited by6 opinions

  1. Williams v. StateCourt of Criminal Appeals of Alabama · 1996
  2. Gautney v. StateSupreme Court of Alabama · 1969
  3. Jarrell v. StateAlabama Court of Appeals · 1949
  4. Foster v. StateAlabama Court of Appeals · 1953
  5. Bowen v. StateCourt of Criminal Appeals of Alabama · 1980

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

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