Henry v. State
Supreme Court of Alabama
Ekom the Circuit Court of Dallas. Tried before the Hon. Nat. CooK. The indictment in this case charged the prisoner, in several counts, with the murder and manslaughter of one James Griffith, a white person. — Seo the report of the case in 88 Ala. 389, where the indictment is sec out in full.
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Ekom the Circuit Court of Dallas. Tried before the Hon. Nat. CooK. The indictment in this case charged the prisoner, in several counts, with the murder and manslaughter of one James Griffith, a white person. — Seo the report of the case in 88 Ala. 389, where the indictment is sec out in full. The bill of exceptions in the present record, after setting out all the evidence in substance, states, that “ the court thereupon charged the jury, (among other things,) that to justify the taking of human life, there must be an imperious necessity; and if the prisoner, without such necessity, killed the…
1Opinion of the CourtA. J. Walker, C. J.
The charge, for the giving of which the judgment of the circuit court was reversed in the case of Farrell v. State, (32 Ala. 557,) instructed the jury that, upon a certain hypothesis, not including proof of the venue, -‘the defendant would be guilty as charged.” The first charge in this case instructed the jury, that upon a certain hypothesis, not including proof of the venue, the defendant “would be guilty as charged.” It is utterly impossible to distinguish between the charge, in this case and the charge in Farrell v. The State, so far as it concerns the objection that it authorized a…
2Cases cited5 opinions
- Farrall v. StateSupreme Court of Alabama · 1858
- Brown v. StateSupreme Court of Alabama · 1855
- Salomon v. StateSupreme Court of Alabama · 1855
- Huffman v. StateSupreme Court of Alabama · 1856
- Spaight v. StateSupreme Court of Alabama · 1856
3Cited by1 opinion
- Bain v. StateSupreme Court of Alabama · 1878