Legal Opinion

Henson v. State

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 14 opinions

Appeal from tlie Circuit Court of Walker. Tried before the Hon. James J. Banks. The appellant, John Henson, was indicted and tried for manslaughter for the killing of one Dan Hall, was convicted of manslaughter in the first degree, and sentenced to hard labor for the county for one year.

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Appeal from tlie Circuit Court of Walker. Tried before the Hon. James J. Banks. The appellant, John Henson, was indicted and tried for manslaughter for the killing of one Dan Hall, was convicted of manslaughter in the first degree, and sentenced to hard labor for the county for one year. On the trial of the cause, the State introduced a witness, one John Taylor, who testified that he was present at a dance at the house of one Mollie Burns in Walker county, when John Henson, the defendant, shot and killed Dan Hall; that on the night of said dance there was a disturbance in the yard between the…

1Opinion of the CourtSharpe, J.

The threat on the part of the deceased, which was sought to be shown by the witness Taylor, if it can be classed as a threat, was not shown to have reference to the defendant; and, therefore, it did not imply any purpose to injure him. A mere general threat or one not directed to any special person is not in such case admissible as evidence to show an intent to harm a particular individual.—King v. State, 89 Ala. 146; Redd v. State, 68 Ala. 492.

The witness Fisher testified in behalf of defendant, “that he was present when Dan Hall was killed.” He also testified to the particular acts of…

2Cases cited12 opinions

  1. Storey v. StateSupreme Court of Alabama · 1882
  2. Miller v. StateSupreme Court of Alabama · 1894
  3. Evans v. StateSupreme Court of Alabama · 1895
  4. Redd v. StateSupreme Court of Alabama · 1881
  5. Payne v. StateSupreme Court of Alabama · 1877

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

3Cited by14 opinions

  1. McCoy v. StateSupreme Court of Alabama · 1936
  2. Pitts v. StateSupreme Court of Alabama · 1903
  3. Bigham v. StateSupreme Court of Alabama · 1919
  4. Green v. StateSupreme Court of Alabama · 1937
  5. Harbour v. StateSupreme Court of Alabama · 1903

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

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