Wharton v. State
Supreme Court of Alabama
Aureal from Etowah Circuit Court. Tried before lion. Le Boy F. Box. The prisoner, Tom "Wharton, was indicted and tried for the murder of Mary Wharton, who was his wife, and was convicted ■of murder in the first degree and sentenced to imprisonment in the penitentiary for life. For the purposes of this report, the opinion sufficiently states the'case made by the evidence.
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Aureal from Etowah Circuit Court. Tried before lion. Le Boy F. Box. The prisoner, Tom "Wharton, was indicted and tried for the murder of Mary Wharton, who was his wife, and was convicted ■of murder in the first degree and sentenced to imprisonment in the penitentiary for life. For the purposes of this report, the opinion sufficiently states the'case made by the evidence. The only exceptions reserved by the defendant were to three charges requested by him in writing and refused by. the court. These charges are as follows: 1. “The burden is upon the State, and it is the duty of the State to…
1Opinion of the CourtSomeryille, J.
— The prisoner is indicted for the murder of his wife, by striking her with an axe. The evidence upon which the conviction was had was entirely circumstantial.
In every criminal case, there can be no doubt of the proposition, that it is the duty of the State, in the first instance, to show beyond a reasonable doubt, and to the exclusion of every other reasonable hypothesis, every fact or circumstance which is necessary in order to establish the guilt of the defendant. Childs v. The State, 58 Ala. 349; Coleman v. The State, 59 Ala. 52; Mose v. The State, 36 Ala. 211; Murphy's case, 6 Ala. 845;…
2Cases cited5 opinions
- Mose v. StateSupreme Court of Alabama · 1860
- State v. MurphySupreme Court of Alabama · 1844
- Coleman v. StateSupreme Court of Alabama · 1877
- Childs v. StateSupreme Court of Alabama · 1877
- Tompkins v. StateSupreme Court of Alabama · 1858
3Cited by10 opinions
- Helms v. StateSupreme Court of Alabama · 1950
- Clemons v. StateSupreme Court of Alabama · 1910
- Morris v. StateSupreme Court of Alabama · 1899
- Jones v. StateSupreme Court of Alabama · 1893
- Williams v. StateAlabama Court of Appeals · 1915
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