Legal Opinion

Ferguson v. State

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 16 opinions

Appeal from the Circuit Court of St. Clair. Tried before the Hon. John Pelham. The appellant in this case, Buck Ferguson, was indicted for the murder of Will Andrews. I-Ie was tried and convicted of manslaughter in the first degree, and sentenced to imprisonment in the penitentiary for two years. From this judgment he appealed to the Supreme Court, where said judgment was reversed, and the cause was remanded.

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Appeal from the Circuit Court of St. Clair. Tried before the Hon. John Pelham. The appellant in this case, Buck Ferguson, was indicted for the murder of Will Andrews. I-Ie was tried and convicted of manslaughter in the first degree, and sentenced to imprisonment in the penitentiary for two years. From this judgment he appealed to the Supreme Court, where said judgment was reversed, and the cause was remanded. Upon the second trial, from the judgment in which the present appeal is prosecuted, he pleaded his former conviction of manslaughter as an acquittal of murder in tlie first and second…

1Opinion of the CourtSfiarpe, J.

At the spring term, 1902, of the circuit court, the defendant was, on an indictment charging Mm with the murder of Will Andrews, convicted of manslaughter in the first degree, and on appeal the judgment of conviction was reversed. See Ferguson v. State, 134 Ala. 63. On his last trial, defendant pleaded the result of the first trial as an acquittal of the charge; of murder, and the plea being sustained, he was, on the same indictment, tried for manslaughter and was again convicted of manslaughter in the first degree'.

The evidence showed that Andrews while walking in company with his mother…

2Cases cited3 opinions

  1. Barnett v. PeopleIllinois Supreme Court · 1870
  2. Ferguson v. StateSupreme Court of Alabama · 1901
  3. Grant v. StateSupreme Court of Alabama · 1892

3Cited by16 opinions

  1. Morris v. StateSupreme Court of Alabama · 1906
  2. Payne v. StateSupreme Court of Alabama · 1954
  3. State v. ElmoreSupreme Court of Louisiana · 1934
  4. Alberson v. StateSupreme Court of Alabama · 1950
  5. Cook v. StateAlabama Court of Appeals · 1912

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