Steele v. State
Supreme Court of Alabama
Appeal from Circuit Court of Wilcox. Tried before Hon. John N. Henry. The appellant, Emanuel Steele, was indicted for the murder of James Herbert, alias Captain Herbert, found guilty of murder in the second degree, and sentenced, in accordance with the verdict, to ten years imprisonment at hard labor for the county. The evidence shows that Steele and the deceased were both tenants of Mrs. Mathews, and lived on her plantation which was managed by one Forniss.
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Appeal from Circuit Court of Wilcox. Tried before Hon. John N. Henry. The appellant, Emanuel Steele, was indicted for the murder of James Herbert, alias Captain Herbert, found guilty of murder in the second degree, and sentenced, in accordance with the verdict, to ten years imprisonment at hard labor for the county. The evidence shows that Steele and the deceased were both tenants of Mrs. Mathews, and lived on her plantation which was managed by one Forniss. About an hour before deceased was killed, be and the prisoner were heard quarreling. Deceased asked him, “why did you take up the plank…
1Opinion of the CourtStone, J.
The following two provisions are embodied in the Code of 1876: Section 4296. “ Any person who is guilty of murder in the second degree must, on conviction, be imprisoned in the penitentiary, or sentenced to hard labor for the county, for not less than ten years, at the discretion ■of the jury.” Section 4450, after declaring the different modes of punishment, contains this clause: “In all cases in which the period of imprisonment, or hard labor, is more than two years, the sentence must be to the penitentiary.” These two clauses are incompatible with each other, and can not both be enforced.…
2Cases cited2 opinions
- Thompson v. StateSupreme Court of Alabama · 1852
- Bishop v. SchneiderSupreme Court of Missouri · 1870
3Cited by14 opinions
- Gunter v. StateSupreme Court of Alabama · 1887
- Rodgers v. MeredithSupreme Court of Alabama · 1962
- Washington v. StateSupreme Court of Alabama · 1879
- Zaner v. StateSupreme Court of Alabama · 1891
- Calhoun County v. WatsonSupreme Court of Alabama · 1907
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