Harvey v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Tom Harvey was convicted of manslaughter, and he appeals. The following argument of the solicitor was objected to; Gentlemen of the jury, you cannot always rely upon proof of good character in determining the guilt of defendant charged with a crime.
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Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Tom Harvey was convicted of manslaughter, and he appeals. The following argument of the solicitor was objected to; Gentlemen of the jury, you cannot always rely upon proof of good character in determining the guilt of defendant charged with a crime. Many a man who has enjoyed the confidence and respect of his fellow citizens for long years has suddenly, or in a moment of rashness, committed some crime, and thereby shown himself unworthy of their confidence. In the early history of this country, you know, gentlemen of the…
1Opinion of the Court
EVANS, J.(1) Defendant was convicted of manslaughter in the first degree, and appeals. Appellant’s first insistence is that the trial court erred in overruling his demurrers. These went to the question of definiteness and certainty in the allegation of means by which death was effected, to wit, that deceased was killed “by striking her with a stick.” A similar insistence was made in Johnson’s Case, 183 Ala. 79, 84, 63 South. 163, 164. The court said: “There are many kinds of knives, sticks, and stones, some of which are not considered weapons; but under the laws of this state indictments…
2Cases cited16 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Johnson v. StateSupreme Court of Alabama · 1893
- Tidwell v. StateSupreme Court of Alabama · 1881
- Fonville v. StateSupreme Court of Alabama · 1890
- Childress v. StateSupreme Court of Alabama · 1888
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3Cited by15 opinions
- Flanagan v. StateCourt of Criminal Appeals of Alabama · 1979
- McGee v. StateAlabama Court of Appeals · 1924
- Smith v. StateCourt of Criminal Appeals of Alabama · 1977
- Greer v. StateCourt of Criminal Appeals of Alabama · 1985
- Cook v. StateAlabama Court of Appeals · 1966
10 more not listed; retrieve them via the Exa API.