Legal Opinion

Sawyer v. State

Alabama Court of Appeals

Decided March 17, 1925No. 1 Div. 573PublishedCited by 15 opinions

1Opinion of the CourtBricken, P. J.

The offense charged against this appellant by tbe indictment was manslaughter in the second degree. There have been many definitions of this offense. See cases cited in Bailum v. State, 17 Ala. App. 679, 88 So. 200. Generally it is defined as the unintentional killing of another in the commission of an unlawful act. However, when death is produced by an intentional blow, but without malice or the intention to kill, if the blow was wrongful, this, would be manslaughter in the second degree, commonly called “involuntary manslaughter.”

The questions of malice and intent do-not enter.into an…

2Cases cited1 opinion

  1. Bailum v. StateAlabama Court of Appeals · 1921

3Cited by15 opinions

  1. Duncan v. StateAlabama Court of Appeals · 1942
  2. Jones v. StateAlabama Court of Appeals · 1926
  3. Broxton v. StateAlabama Court of Appeals · 1936
  4. Tranholm v. StateAlabama Court of Appeals · 1954
  5. Smith v. StateSupreme Court of Alabama · 1942

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