Harbour v. State
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. J. A. Bilbro. The appellant in this case, Wright Harbour, was indicted for the murder of one Nick Petty by shooting him with a gun or pistol. On the first trial of the defendant under such indictment, he was convicted of manslaughter in the first degree. This judgment of conviction was set aside, and a new trial was granted to the defendant.
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Appeal from the Circuit Court of DeKalb. Tried before the Hon. J. A. Bilbro. The appellant in this case, Wright Harbour, was indicted for the murder of one Nick Petty by shooting him with a gun or pistol. On the first trial of the defendant under such indictment, he was convicted of manslaughter in the first degree. This judgment of conviction was set aside, and a new trial was granted to the defendant. On the second trial, from a judgment in which the present appeal is prosecuted, the defendant introduced his plea of former acquittal as to murder in either degree. The truth of this plea was…
1Opinion of the Court
DOWDELL,
defendant offered.to prove by one Appleton, a . witness- sworn in his behalf, that two days before-the killing, witness had a-conversation with deceased “about school matters,- also about some other matters,” and the deceased .said: “If I find out certain things have transpired, I will stamp the life out of somebody.” An objection by the- State was sustained to this evidence. It was not shown, nor attempted to be shown, that the defendant was in any wise connected with the “school matters,” nor that any reference was made, to the defendant in the “some other matters” talked about. *107No…
2Cases cited9 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Karr v. StateSupreme Court of Alabama · 1894
- Domingus v. StateSupreme Court of Alabama · 1891
- Henson v. StateSupreme Court of Alabama · 1898
- Brassell v. StateSupreme Court of Alabama · 1890
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3Cited by13 opinions
- State v. LordNew Mexico Supreme Court · 1938
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- Pueblo v. SuttonSupreme Court of Puerto Rico · 1911
- Sweatt v. StateSupreme Court of Alabama · 1908
- State v. GardnerSupreme Court of Minnesota · 1905
8 more not listed; retrieve them via the Exa API.