Adams v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. John Adams ivas convicted of murder in the first degree, and he appeals. It appears from tlie facts in the case that Ellington and Berry, two policemen, went to the home of John Adams to arrest him on a misdemeanor charge, Ellington being armed with a warrant for his arrest; and that in attempting to make the arrest Berry was killed and Ellington wounded by Adams.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. John Adams ivas convicted of murder in the first degree, and he appeals. It appears from tlie facts in the case that Ellington and Berry, two policemen, went to the home of John Adams to arrest him on a misdemeanor charge, Ellington being armed with a warrant for his arrest; and that in attempting to make the arrest Berry was killed and Ellington wounded by Adams. The witnesses were the wife of the dead man, Ellington, who was wounded, Julius Smith, W. E. Holland, ánd Bellinger Ohenev, most of whom were connected ivith the…
1Opinion of the CourtAnderson, J.
Charge 20, refused the defendant, is predicated upon an elementary rule of law, and the refusal of such a charge has been frequently held to be 'reversible error. — Burkett v. State, 154 Ala. 19, 45 South. 682; Hammond v. State, 147 Ala. 79, 41 South. 761. It is true the refusal of a similar charge in the case of Wright v. State, 156 Ala. 108, 47 South. 201, was justified, because abstract. We cannot say, however, that the charge is abstract in the case at bar, as the relationship and association of the deceased with many of the state’s Avitnesses could afford an inference for the jury that…
2Cases cited16 opinions
- Prince v. StateSupreme Court of Alabama · 1893
- People v. DurfeeMichigan Supreme Court · 1886
- Nordan v. StateSupreme Court of Alabama · 1904
- Whitaker v. StateSupreme Court of Alabama · 1894
- Hammond v. StateSupreme Court of Alabama · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- People v. CurtisCalifornia Supreme Court · 1969
- Davis v. StateSupreme Court of Alabama · 1914
- Coats v. StateSupreme Court of Alabama · 1950
- Welch v. StateAlabama Court of Appeals · 1938
- Gibson v. StateSupreme Court of Alabama · 1915
40 more not listed; retrieve them via the Exa API.