Gafford v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John B. Tyson. ' The appellant, John A. Gaiford, was indicted and tried for the murder of Francis Bartow Lloyd, was convicted of murder in the first degree, and sentenced to be hung. The material facts of the case, necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Butler. Tried before the Hon. John B. Tyson. ' The appellant, John A. Gaiford, was indicted and tried for the murder of Francis Bartow Lloyd, was convicted of murder in the first degree, and sentenced to be hung. The material facts of the case, necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following written charges, and separately excepted to the court’s refusal to give each of them as asked: (1.)…
1Dissent
TYSON J.,
dissenting. — The writer of this opinion presided at the trial of the defendant, in the court below, and for this reason, he would have preferred not to participate in a discussion of this case in this court. The law, however, does not disqualify him from sitting;, but on the contrary imposes upon him the duty and responsibility of declaring the law as he believes it to be. The importance of the question involved, and the conviction that there was no error committed on the trial warrants him in expressing his views.
The sole proposition upon which a majority of the court rest the…
2Cases cited34 opinions
- McAnally v. StateSupreme Court of Alabama · 1883
- Rogers v. StateSupreme Court of Alabama · 1897
- State v. HolmeSupreme Court of Missouri · 1873
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- Sanchez v. . the PeopleNew York Court of Appeals · 1860
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