Legal Opinion

Ford v. State

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 92 opinions

Appeal from the City Court of Montgomery. Tried before Hon. Thomas M. ArriNgtoN. Joseph Ford, defendant in the lower court, was indicted for the murder of William T. House, “ by striking him with a brick or brickbat; ” and he was convicted of murder in the second degree, and sentenced to the penitentiary for ten years.

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Appeal from the City Court of Montgomery. Tried before Hon. Thomas M. ArriNgtoN. Joseph Ford, defendant in the lower court, was indicted for the murder of William T. House, “ by striking him with a brick or brickbat; ” and he was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. The evidence for the prosecution tended to show that on the 14th June, 1882, in the afternoon between five and six o’clock, the defendant struck the deceased with a brickbat about half the size of a brick, near the posffoffi.ee in the city of Montgomery, and the deceased died…

1Opinion of the CourtSomeryille, J.

The main question presented for our consideration in this case relates to the rule governing the burden and sufficiency of proof in • criminal cases, where the defense of insanity is interposed. This question was fully and elaborately considered by this court in Boswell's case, 63 Ala. 307, decided in the year 1879, where the authorities on the subject in both England and America are lucidly reviewed in .the opinion of Mr. Justice StoNE, speaking for a majority of the court. The doctrine is there held, that inscmity is a de-*393f ense which must be established to the satisfaction, of the ju/ry,…

2Cases cited34 opinions

  1. People v. GarbuttMichigan Supreme Court · 1868
  2. McAllister v. StateSupreme Court of Alabama · 1850
  3. State v. PattersonSupreme Court of Vermont · 1873
  4. Guetig v. StateIndiana Supreme Court · 1879
  5. Ogletree v. StateSupreme Court of Alabama · 1856

29 more not listed; retrieve them via the Exa API.

3Cited by92 opinions

  1. Anderson v. StateSupreme Court of Alabama · 1922
  2. Parsons v. StateSupreme Court of Alabama · 1886
  3. Jones v. StateSupreme Court of Alabama · 1913
  4. George v. StateSupreme Court of Alabama · 1941
  5. Boyle v. StateSupreme Court of Alabama · 1934

87 more not listed; retrieve them via the Exa API.

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