Lakey v. State
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; W. L. Longshore, Judge. Northern (Lakey was indicted for murder in the first degree for killing J. D. Ramsey by shooting him with a pistol, was convicted of murder in the second degree, and appeals. Witnesses must testify to facts, and not to mental status or uncommunicated motives or purpose. 149 Ala. 623, 43 South. 818, 11 L. R. A. (N. S.) 1748, 124 Am.
Read the full summary
Appeal from Circuit Court, Clay County; W. L. Longshore, Judge. Northern (Lakey was indicted for murder in the first degree for killing J. D. Ramsey by shooting him with a pistol, was convicted of murder in the second degree, and appeals. Witnesses must testify to facts, and not to mental status or uncommunicated motives or purpose. 149 Ala. 623, 43 South. 818, 11 L. R. A. (N. S.) 1748, 124 Am. St. Rep. 93. The fact that Gordon had pleaded guilty was not admissible. 21 Cyc. 924; 1 May 333. Court was in error in its charge on the effective evidence. Section 5363, Code 1907. The searchers were…
1Opinion of the CourtSayre, J.
Defendant was convicted of murder in the second degree and sentenced to the penitentiary for 40 years. Many exceptions were reserved at the trial. We find it necessary to notice a few of them only.
After midnight of July 2-3, 1920, deceased, Ramséy, a deputy sheriff, with Hamlin, the sheriff, and Stanford and Allen, federal prohibition enforcement officers, went to the home of defendant, aroused him from his bed, and announced their purpose to search his barn for liquor. These officers had no warrant for their search, but the evidence was in conflict whether defendant demanded to know whether…
2Cases cited4 opinions
- Pippin v. StateSupreme Court of Alabama · 1916
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
- Abrams v. StateAlabama Court of Appeals · 1920
- Swope v. StateAlabama Court of Appeals · 1912
3Cited by44 opinions
- Oliver v. StateSupreme Court of Alabama · 1936
- Ex Parte MarshallSupreme Court of Alabama · 1922
- Eaton v. StateSupreme Court of Alabama · 1965
- Baugh v. StateSupreme Court of Alabama · 1927
- Ex Parte McIntoshSupreme Court of Alabama · 1983
39 more not listed; retrieve them via the Exa API.