Legal Opinion

Kinsey v. State

Supreme Court of Alabama

Decided April 8, 1920No. 8 Div. 200PublishedCited by 12 opinions

Appeal, from Circuit Court, Lauderdale County; C.- P. Almon, Judge. Howard Kinsey was convicted of murder, and he appeals.' The facts sufficiently appear from the opinion of the court. The court erred in sustaining the state’s ■objection to the question to defendant. 147 Ala. 100, 41 South. 759; 170 Ala. 36, 54 South. 175; 1 Ala.

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Appeal, from Circuit Court, Lauderdale County; C.- P. Almon, Judge. Howard Kinsey was convicted of murder, and he appeals.' The facts sufficiently appear from the opinion of the court. The court erred in sustaining the state’s ■objection to the question to defendant. 147 Ala. 100, 41 South. 759; 170 Ala. 36, 54 South. 175; 1 Ala. App. 90, 56 South. 30. If the confessions were not admissible, the defendant was entitled to a directed verdict. 89 Ala. 134, 8 South. 104; 67 Ala. 55, 42 Am. Rep. 95; 76 Ala. 279; 68 Ala. 256; 59 Ala. 104; 40 Ala. 648. No brief reached the reporter.

1Opinion of the Court

McOLELLAN, j.

On January 1, 1919, Ed Gentry’s lifeless body was found in a field, near a public road, two miles out of Florence. He had been shot both through the head and the'heart. Kinsey, the appellant, and Lester Staggs were arrested for his murder. On Staggs’ trial he was convicted; and on appellant’s trial a few days later he was adjudged guilty of murder in the second degree and given sentence of 24 years. That Staggs and appellant went with Gentry to the neighborhood of the crime, for the purpose of getting whisky, was satisfactorily established by the evidence. The prosecution offered…

2Cases cited6 opinions

  1. Redd v. StateSupreme Court of Alabama · 1881
  2. Johnson v. StateSupreme Court of Alabama · 1893
  3. Postal Telegraph Cable Co. v. HulseySupreme Court of Alabama · 1896
  4. Williams v. StateSupreme Court of Alabama · 1898
  5. Henry v. StateSupreme Court of Alabama · 1894

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

3Cited by12 opinions

  1. McGuff v. StateSupreme Court of Alabama · 1946
  2. Pollard v. RogersSupreme Court of Alabama · 1937
  3. Ingram v. StateSupreme Court of Alabama · 1949
  4. Lakey v. StateAlabama Court of Appeals · 1924
  5. Moss v. StateAlabama Court of Appeals · 1922

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

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