Montgomery v. State
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Heard before I-Icn. D. W. Speaice. Wess Montgomery was convicted of murder, and he appeals. The facts are sufficiently stated in the opinion of the court.
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Appeal from Lawrence Circuit Court. Heard before I-Icn. D. W. Speaice. Wess Montgomery was convicted of murder, and he appeals. The facts are sufficiently stated in the opinion of the court. In his oral charge to the jury the court said, among other things: “If the jury find from the evidence that the defendant was in the cook room of his son, Hubert Montgomery, when Dave, Pruett, the deceased, appeared at the window of said cook room and poked his gun through the window, if he did poke it through the window, and the defendant went from the cook room into the big or main room, and out the…
1Opinion of the CourtDenson, J.
Wess Montgomery was indicted, tried, and convicted, in the circuit court of Lawrence county, for the crime of murder — the killing of Dave Pruitt. From the judgment of conviction he appeals, and here assigns for error rulings of the circuit court on the admissibility of testimony, parts of the oral charge of the court, and the refusal of the court to give written instructions requested by the defendant.
The material facts of the case are without conflict in the evidence. The homicide occurred about dark, on the 28th of August, 1908, at the home of Hubert Montgomery, a son of the defendant, out…
2Cases cited14 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Rogers v. StateSupreme Court of Alabama · 1897
- Griffith v. StateSupreme Court of Alabama · 1891
- Amos v. StateSupreme Court of Alabama · 1898
- Watkins v. StateSupreme Court of Alabama · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Blue v. StateSupreme Court of Alabama · 1944
- Coats v. StateSupreme Court of Alabama · 1950
- Ledbetter v. StateAlabama Court of Appeals · 1948
- Massey v. PentecostSupreme Court of Alabama · 1921
- State v. StewartNew Mexico Supreme Court · 1929
22 more not listed; retrieve them via the Exa API.