Matthews v. State
Alabama Court of Appeals
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Will Matthews, alias, etc., was convicted of murder in the second degree, and he appeals. The following charges were refused to defendant: (1) If you believe the evidence in this case as to the sanity of Matthews, you should not convict. (2) If you believe from the evidence that this killing was accidental, then you should not convict defendant.
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Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Will Matthews, alias, etc., was convicted of murder in the second degree, and he appeals. The following charges were refused to defendant: (1) If you believe the evidence in this case as to the sanity of Matthews, you should not convict. (2) If you believe from the evidence that this killing was accidental, then you should not convict defendant. (3) If you believe from the evidence that Sanders killed Edmonds from personal malice, and if you further believe this defendant did not know the intent on the part of Sanders, nor of…
1Opinion of the CourtBrown, P. J.
This is the companion' ease to that of Charles Sanders v. State, 79 South. 504, 1 the appellant here being the person whom it was agreed should carry one of the guns, and go to the hack, door and guard it, so as to cut off this avenue of escape from the deceased, or to prevent an outcry from members of his family. The evidence is without conflict that the gun that killed the deceased was in the hands of Sanders, and at the time it was discharged Sanders had presented it at deceased in firing position, and called on him to throw up his hands. The’ evidence is further without conflict that the…
2Cases cited10 opinions
- Stone v. StateSupreme Court of Alabama · 1894
- Williams v. StateSupreme Court of Alabama · 1886
- Martin v. StateSupreme Court of Alabama · 1889
- Morrell v. StateSupreme Court of Alabama · 1902
- Fuller v. StateSupreme Court of Alabama · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ledbetter v. StateAlabama Court of Appeals · 1948
- Thompson v. StateAlabama Court of Appeals · 1961
- Baker v. StateSupreme Court of Alabama · 1923
- Williams v. StateAlabama Court of Appeals · 1966
- Aplin v. StateCourt of Criminal Appeals of Alabama · 1982
4 more not listed; retrieve them via the Exa API.