Dixon v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the I-Ion. A. I). Sayre. The appellant was indicted and tried for unlawfully and -with malice aforethought killing one Willie Hooks by shooting him with a gun; was 'convicted of murder in the second degree and sentenced to the penitentiary for 11 years.
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Appeal from the City Court of Montgomery. Tried before the I-Ion. A. I). Sayre. The appellant was indicted and tried for unlawfully and -with malice aforethought killing one Willie Hooks by shooting him with a gun; was 'convicted of murder in the second degree and sentenced to the penitentiary for 11 years. The evidence for the State tended to show that one W. E. Means owned a store and that the defendant ivas in his employment; that said Means and Willie Hooks the deceased, got to fooling with one another in the front of the store; that Means playfully struck art Willie Hooks with a broom…
1Opinion of the CourtSharpe, J.
Defendant was tried on a charge of murder based upon the undisputed- 'fact [that immediately on coming down stairs from the upper room of a store with >a gun in his hand, the gun was fired and killed the -deceased who- ivas standing in front of the store handling a pistol and having an altercation either playful or belligerent with one Means, the proprietor of the store, who also was handling a pistol. Defendant by his evidence admitted that the gun fired while in his hands, but claimed the firing was accidental.
Defendant made -objections to questions addressed to certain witnesses for the…
2Cases cited3 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Miller v. StateSupreme Court of Alabama · 1894
- Kilgore v. StateSupreme Court of Alabama · 1899
3Cited by14 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Warren v. StateAlabama Court of Appeals · 1949
- Young v. StateCourt of Criminal Appeals of Alabama · 1982
- Wallace v. StateAlabama Court of Appeals · 1960
- Dickey v. StateAlabama Court of Appeals · 1916
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