Montgomery v. State
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; F. Loyd Tate, Judge. Will Montgomery was convicted of murder-in the second degree, and he appeals. ’ Under section 6252 and Acts 1915, p. 815, the oral charge of the court, as well as the charges refused to the defendant, are not required to be shown by bill of exceptions, but become a part of the record.
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Appeal from Circuit Court, Morgan County; F. Loyd Tate, Judge. Will Montgomery was convicted of murder-in the second degree, and he appeals. ’ Under section 6252 and Acts 1915, p. 815, the oral charge of the court, as well as the charges refused to the defendant, are not required to be shown by bill of exceptions, but become a part of the record. (Counsel here marked do not appear in the trial of the cause, and no brief appears from counsel on the trial.) The evidence of the character of the deceased is not relevant, until some element of self-defense is developed, and then cannot he shown by…
1Opinion of the Court
* Certiorari denied by Supreme Court 204 Ala. 389,85 So. 785.
2DissentSamford, J.
The defendant was indicted for the offense of murder in the first degree. He was tried and convicted of murder in the second degree, and from the judgment of conviction he appeals.
There are several rulings of the court insisted upon as error. There was no error in sustaining the objections of the state to questions propounded to witness Foreman, on cross-examination. Counsel for defendant insists that the evidence was competent for the purpose of establishing the violent, turbulent, and bloodthirsty character of deceased. The…
3Cases cited31 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Smith v. StateSupreme Court of Alabama · 1916
- Smith v. StateSupreme Court of Alabama · 1913
- Prater v. StateSupreme Court of Alabama · 1894
- Maddox v. StateSupreme Court of Alabama · 1909
26 more not listed; retrieve them via the Exa API.
4Cited by37 opinions
- People v. WongCalifornia Court of Appeal · 1973
- Crumpton v. StateCourt of Criminal Appeals of Alabama · 1981
- Conley v. StateCourt of Criminal Appeals of Alabama · 1977
- Beddow v. StateAlabama Court of Appeals · 1956
- Stewart v. StateCourt of Criminal Appeals of Alabama · 1981
32 more not listed; retrieve them via the Exa API.