Legal Opinion

Pearce v. State

Alabama Court of Appeals

Decided April 4, 1912PublishedCited by 21 opinions

Appeal from Anniston City Court. Heard before Hon. A. H. Alston. Cross Pearce was convicted of murder in the second degree, and he appeals. Counsel discuss the testimony introduced and excluded to which objection was interposed, but cite no authority in support of most of their contentions.

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Appeal from Anniston City Court. Heard before Hon. A. H. Alston. Cross Pearce was convicted of murder in the second degree, and he appeals. Counsel discuss the testimony introduced and excluded to which objection was interposed, but cite no authority in support of most of their contentions. They insist that the court erred in excluding the testimony of the nature and character of the road as shedding light on the right of the defendants and other persons to travel the road where the difficulty took place. — Rosser v. Bum, 66 Ala. 89; Trump v. McDonald, 120 Ala. 204. Any evidence upon a…

1Opinion of the Court

de GRAFFENRIED, J.

1. In the case of Tanner v. State, 92 Ala. 1, 9 South. 613, the Supreme Court, through Stone, C. J., uses the following language: “When two or more enter upon a common enterprise or adventure, whether by prearrangement or entered into on the emergency, and that enterprise contemplates the commission of a criminal offense, then each is a conspirator, and, if the purpose is carried out, each is guilty of the offense committed, whether he did any overt act or not. This rests on the principle that one who is present, encouraging, aiding, abetting, or assisting, or who is ready…

2Cases cited7 opinions

  1. Hornsby v. StateSupreme Court of Alabama · 1891
  2. Gibson v. StateSupreme Court of Alabama · 1889
  3. Tanner v. StateSupreme Court of Alabama · 1890
  4. Karr v. StateSupreme Court of Alabama · 1894
  5. Stanley v. CommonwealthCourt of Appeals of Kentucky · 1887

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

3Cited by21 opinions

  1. Reeves v. StateSupreme Court of Alabama · 1914
  2. Mabry v. StateAlabama Court of Appeals · 1959
  3. Gibson v. StateSupreme Court of Alabama · 1915
  4. Vaughan v. StateSupreme Court of Alabama · 1918
  5. Smith v. StateCourt of Criminal Appeals of Alabama · 1975

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

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