Thomas v. State
Alabama Court of Appeals
Appeal from Circuit Court, Shelby County; W. L. Longshore, Judge. A. A. Thomas was convicted of murder in the second degree, and he appeals. Counsel discuss the evidence, but without citation' of authority. ¡As to remarks of counsel being improper and highly prejudicial, he cites the following cases: 62 Ala. 164; 66 Ala. 48; 39 South. 370; 11 Ala. App. 644, 66 South. 942; 48 South. 662. Brief of counsel did not reach the Reporter.
1Opinion of the CourtMerritt, J.
The appellant was indicted for murder in the first degree, convicted of murder in the second degree, and sentenced to the penitentiary for a term of 10 years. The killing appears to have been the result of a contention on the part of appellant and deceased, in reference to a path that led through deceased’s back yard, and near or close to a toilet. The contention of the state being that appellant had been warned not to travel this path, and that of the appellant that it was used generally by the public, and that he had not used the path after he had been warned not to do so. While the witness…
2Cases cited5 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- McManus v. StateSupreme Court of Alabama · 1860
- Carter v. StateSupreme Court of Alabama · 1921
- Henderson v. StateSupreme Court of Alabama · 1881
- Kinsaul v. StateAlabama Court of Appeals · 1913
3Cited by21 opinions
- Arthur v. StateCourt of Criminal Appeals of Alabama · 1990
- Willingham v. StateSupreme Court of Alabama · 1954
- Hill v. StateCourt of Criminal Appeals of Alabama · 1978
- Rowe v. StateSupreme Court of Florida · 1935
- Green v. StateAlabama Court of Appeals · 1923
16 more not listed; retrieve them via the Exa API.