Legal Opinion

Allen v. United States

Supreme Court of the United States

Decided April 8, 1895No. 788PublishedCited by 22 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. In the Circuit Court of the United States for the Western District of Arkansas, at the May term, 1891, Alexander Alien was tried, and found guilty of the murder of ones Philip Henson.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. In the Circuit Court of the United States for the Western District of Arkansas, at the May term, 1891, Alexander Alien was tried, and found guilty of the murder of ones Philip Henson. The evidence certified by the bill of exceptions shows that Philip Henson, a white boy, about seventeen years old, was shot and killed by the defendant, a colored boy, about fifteen years old, on May 15, 1892.' It appears that two or three days before these boys, with several companions, had met and had a difficulty. James…

1Opinion of the CourtJustice Shiras

The facts, as made to appear by the testimony on both sides, were substantially these :

The difficulty was between boys; the oldest, Philip Henson, was about seventeen; Alexander Allen, the defendant, about fifteen, and the other participants were about twelve and thirteen years of age. The first encounter was-on Thursday, when a quarrel took place, sticks were thrown, and threats made. On Saturday there was another meeting, when hostilities. were’renewed. The evidence is conflicting as to whether Henson and his party crossed the fence into the Marks yard, and as to which party made the first…

2Cases cited2 opinions

  1. Thompson v. United StatesSupreme Court of the United States · 1894
  2. Gourko v. United StatesSupreme Court of the United States · 1894

3Cited by22 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. People v. GainerCalifornia Supreme Court · 1977
  3. United States v. Darwin Clark BaileyCourt of Appeals for the Fifth Circuit · 1972
  4. State v. WaldenWashington Supreme Court · 1997
  5. Bennett v. StateCourt of Appeals of Maryland · 1963

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