Austin v. State
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before the Hon John T. Lackland. The defendant was indicted for killing Jeff Clover, tried and convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years. The defense was that the killing was accidental. The defendant requested the following written charges which the court- refused.
Read the full summary
Appeal from Clarke Circuit Court. Heard before the Hon John T. Lackland. The defendant was indicted for killing Jeff Clover, tried and convicted of manslaughter in the first degree, and sentenced to the penitentiary for five years. The defense was that the killing was accidental. The defendant requested the following written charges which the court- refused. Charge 2. The court charges the jury that in considering the guilt or innocence of this defendant they may take into consideration the fact that no previous difficulty between the defendant and deceased has been -shown b3r the evidence.…
1Opinion of the CourtWeakley, C. J.
The charge was murder, and the defense was that the killing was entirely accidental. Appellant was convicted of manslaughter in the first degree.
In response to a question propounded by the solicitor to the witness Rose Thomas, “Whether defendant pointed the gun at her just before the shooting,” she answered “that the gun was pointed at her neck, and she told the defendant to move it, and he did so.” There was an objection to the question, and an exception to the court’s action in overruling the objection. On cross-examination the witness stated “that defendant did not point the gun at her,…
2Cases cited2 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Fitzgerald v. StateSupreme Court of Alabama · 1895
3Cited by19 opinions
- Garrett v. StateSupreme Court of Alabama · 1958
- Thomas v. StateSupreme Court of Alabama · 1907
- Owen v. StateSupreme Court of Alabama · 1951
- Hill v. StateSupreme Court of Alabama · 1908
- Degg v. StateSupreme Court of Alabama · 1907
14 more not listed; retrieve them via the Exa API.