Legal Opinion

Cobb v. State

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 8 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant, Jake Cobb, was indicted and tried for the murder of S. S. Booth, was convicted of murder in the second degree, and sentenced to the peniténtiary for ten years.

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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant, Jake Cobb, was indicted and tried for the murder of S. S. Booth, was convicted of murder in the second degree, and sentenced to the peniténtiary for ten years. Upon the trial of the cause, as is shown by the bill of exceptions, it was shown by the evidence, that in Montgomery county, before the finding of the indictment un- . der which the defendant was being tried, S. S. Booth was killed by defendant in defendant’s house by two gun shot wounds in the head and breast; that S. S. Booth was a travelling…

1Opinion of the CourtColeman, J.

The defendant was convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary. The questions reserved for review relate to the refusal of the court to give certain instructions to the jury,' requested by the defendant. The charges which involve the effect of good character, were properly refused under the following authorities : Goldsmith v. The State, 105 Ala. 8 ; Scott v. The State, Ib. 57 ; Webb v. The State, 106 Ala. 52; Crawford v. The State, 112 Ala. 1.

Charge number 8 was properly refused under the authority of Jordan v. The State, 81 Ala. 20.

Charges…

2Cases cited4 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. Jordan v. StateSupreme Court of Alabama · 1886
  3. Goldsmith v. StateSupreme Court of Alabama · 1894
  4. Webb v. StateSupreme Court of Alabama · 1894

3Cited by8 opinions

  1. Powell v. StateAlabama Court of Appeals · 1957
  2. Cook v. StateCourt of Criminal Appeals of Alabama · 1983
  3. Graham v. StateAlabama Court of Appeals · 1917
  4. Hallman v. StateAlabama Court of Appeals · 1964
  5. Frazier v. StateAlabama Court of Appeals · 1916

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