Lewis v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. T. M. ARRINGTON. The appellant, Andrew Lewis, was indicted for the murder of Henry Lovelace “by striking bim witb a brick or a brickbat,” and was convicted of manslaughter in the first degree.
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Appeal from the City Court of Montgomery. Tried before the Hon. T. M. ARRINGTON. The appellant, Andrew Lewis, was indicted for the murder of Henry Lovelace “by striking bim witb a brick or a brickbat,” and was convicted of manslaughter in the first degree. The evidence tended to show that the defendant, who was in the employ of A. S. Lovelace, the father of the deceased, was riding on one of the streets of Montgomery in a wagon with the deceased and another boy; ‘that the defendant got out of the wagon to speak to some one, gave the lines to the other boy, Houston Johnson, and told him to…
1Opinion of the CourtMcCLELLAN, J.
-The Statk proved the flight of the defendant as tending to establish guilt. Defendant sought to rebut the inference afforded by the fact of flight by showing that flight was-* due. to defendant’s fear that Lovelace, the father of' the deceased, would summarily avenge the homicide, ¿ and not a consciousness of guilt. It was of course competent to prove defendant’s personal fear to explain his flight, but this could not be done by the testimony of a witness that, “the defendant seemed afraid of Lovelace,” a mere “opinion of the witness, *10based either on the conduct or declarations of the…
2Cases cited20 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Mitchell v. StateSupreme Court of Alabama · 1877
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Fonville v. StateSupreme Court of Alabama · 1890
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
15 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Evans v. StateCourt of Special Appeals of Maryland · 1975
- Phelps v. StateCourt of Criminal Appeals of Alabama · 1983
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Wysinger v. StateCourt of Criminal Appeals of Alabama · 1983
- Brownlee v. StateCourt of Criminal Appeals of Alabama · 1988
47 more not listed; retrieve them via the Exa API.