Nickerson v. State
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Briggs Nickerson was convicted of murder in the first degree, and he appeals. Court erred in admitting evidence of the conversation prior to the fatal difficulty. 91 Ala. 10, 8 South. 669, 24 Am. St. Rep. 853; 84 Ala. 424, 5 South. 83. Counsel discuss in argument other assignments of error, but without further citation of authority.
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Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Briggs Nickerson was convicted of murder in the first degree, and he appeals. Court erred in admitting evidence of the conversation prior to the fatal difficulty. 91 Ala. 10, 8 South. 669, 24 Am. St. Rep. 853; 84 Ala. 424, 5 South. 83. Counsel discuss in argument other assignments of error, but without further citation of authority. The prior conversation involved no elements of the difficulty and was admissible to show the state of defendant’s mind towards deceased and as threats. 8 Mich. Ala. Dig. 241, 242; 14 Id. 94, 95.…
1Opinion of the CourtMiller, J.
The defendant, Briggs Nickerson, was indicted, tried, and convicted of murder in the first degree. His punishment was fixed at imprisonment in the penitentiary for life.
[1] The state files a motion to strike this case from the docket, as no appeal is shown by the record to have been taken by appellant within the time and in the manner required by law. Appeals in criminal cases must be taken within six months after sentence or confession of judgment. If taken at the time of judgment, it must be by an entry of record in the case in the minutes of the court that defendant appeals from the…
2Cases cited14 opinions
- McAdory v. StateSupreme Court of Alabama · 1878
- Marler v. StateSupreme Court of Alabama · 1880
- Jackson v. StateSupreme Court of Alabama · 1884
- McKee v. StateSupreme Court of Alabama · 1886
- Noles v. StateSupreme Court of Alabama · 1855
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Bowden v. StateSupreme Court of Alabama · 1988
- McDowell v. StateSupreme Court of Alabama · 1939
- Lambert v. StateSupreme Court of Alabama · 1922
- Dolvin v. StateCourt of Criminal Appeals of Alabama · 1979
- Higginbotham v. StateSupreme Court of Alabama · 1955
27 more not listed; retrieve them via the Exa API.