Tesney v. State
Supreme Court of Alabama
Indictment for Murder. From the Circuit Court of Walker. Tried before the Hon. S. II. Sprott. The indictment in this case charged that the defendants, Green Tesney and William L. Tesney, unlawfully and with malice aforethought killed George King, “ by stabbing or cutting him with a knife,” or, as alleged in the second count, “with some sharp instrument, to the grand jury unknown.”
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Indictment for Murder. From the Circuit Court of Walker. Tried before the Hon. S. II. Sprott. The indictment in this case charged that the defendants, Green Tesney and William L. Tesney, unlawfully and with malice aforethought killed George King, “ by stabbing or cutting him with a knife,” or, as alleged in the second count, “with some sharp instrument, to the grand jury unknown.” Being arraigned, the defendants each pleaded not guilty, and they were jointly tried on issue joined on that plea ; each being convicted of murder in the second degree, ..and sentenced to the penitentiary, Green…
1Opinion of the CourtClopton, J.
Whether the witness, W. B. King, was in such position that he could have heard" the deceased curse or swear, when he rode up to the store, if he had done so, may be said, in one sense, to be an opinion, but, in another sense, it is a fact; as said by Mr. Wharton, a “ mere short-hand rendering of the facts.” On cross-examination, the relative positions of the parties, the distance from each other, and other attendant circumstances, could have been elicited, from which the jury might infer the weight to which his answer was entitled. A controverted question in the case was, who provoked or…
2Cases cited7 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Eiland v. StateSupreme Court of Alabama · 1875
- Sylvester v. StateSupreme Court of Alabama · 1881
- McCreary v. TurkSupreme Court of Alabama · 1856
- Wills v. StateSupreme Court of Alabama · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Jordan v. StateSupreme Court of Alabama · 1886
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Moulton v. StateSupreme Court of Alabama · 1889
- Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
49 more not listed; retrieve them via the Exa API.