McEwen v. State
Supreme Court of Alabama
Manslaughter. Appeal from Limestone Circuit Court. Heard before Hon. Oceola Kyle, Special Judge. Ernest McEwen tvas convicted of manslaughter in the first degree, and he appeals. The facts are sufficiently stated in the opinion of the court.
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Manslaughter. Appeal from Limestone Circuit Court. Heard before Hon. Oceola Kyle, Special Judge. Ernest McEwen tvas convicted of manslaughter in the first degree, and he appeals. The facts are sufficiently stated in the opinion of the court. The court refused the following charges requested by the defendant: (R) “In this case the proof was not shifted from the state to the defendant, and the presumption of innocence abides with the defendant until all of the evidence in the case convinces the jury to a moral certainty that the defendant cannot be guilltess.” (F) “I charge you, gentlemen of…
1Opinion of the CourtDenson, J.
The defendant was convicted of manslaughter in the first degree, under an indictment charging him with the murder of Bert McCormack. The defendant, the deceased, and several others, all under the influence of liquor, were engaged on a Sunday morning in rdfivin o- craps, when the difficulty in which the deceased lost his life occurred. From the evidence it is *41made to appear that the difficulty was mutual, and was commenced by the defendant and the deceased bandying epithets between themselves; there being conflict as to which usd the first epithet. In the language of the state’s witness the…
2Cases cited18 opinions
- McLean v. StateSupreme Court of Alabama · 1849
- Kilgore v. StateSupreme Court of Alabama · 1883
- Gregory v. StateSupreme Court of Alabama · 1903
- Wilkins v. StateSupreme Court of Alabama · 1893
- Smith v. StateSupreme Court of Alabama · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Evans v. StateSupreme Court of Alabama · 1923
- Patterson v. StateSupreme Court of Alabama · 1911
- Carter v. StateSupreme Court of Alabama · 1921
- Ragsdale v. StateAlabama Court of Appeals · 1914
- Garrett v. StateAlabama Court of Appeals · 1947
9 more not listed; retrieve them via the Exa API.