Franklin v. State
Supreme Court of Alabama
From the Circuit Court of Pike. Tried before the Hon. E. W. Pettus. Indictment against Philemon J. Franklin for the murder of his brother, Christopher Franklin, by shooting him with a gun. The only evidence in relation to the killing was the testimony of a young man, then about sixteen years of age, who was an eye-witness of it, and whose testimony, in substance, is stated in the opinion of the court.
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From the Circuit Court of Pike. Tried before the Hon. E. W. Pettus. Indictment against Philemon J. Franklin for the murder of his brother, Christopher Franklin, by shooting him with a gun. The only evidence in relation to the killing was the testimony of a young man, then about sixteen years of age, who was an eye-witness of it, and whose testimony, in substance, is stated in the opinion of the court. On the part of the prisoner, evidence of his pehceable character was introduced ; and he then offered to prove, “ that the deceased, some time before the killing, attempted to shoot a woman in…
1Opinion of the CourtWalkee, J.
It has been twice decided in this State, and must now bs regarded as law, that the testimony, in prosecutions for murder, may be such as will justify the admission of the bad character of the deceased as evidence for the accused. — Quesenberry v. The State, 3 S. & P. 308 ; Pritchett v. The State, 22 Ala. 39. In Quesenberry’s case, this court declined to decide in favor of the reception of such evidence, because, the facts not being disclosed upon the record, it could not be perceived that the case presented an aspect justifying it. In Pritchett’s ease, the object of the court seems to have…
2Cases cited4 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Oliver v. StateSupreme Court of Alabama · 1850
- Pritchett v. StateSupreme Court of Alabama · 1853
- Nugent v. StateSupreme Court of Alabama · 1850
3Cited by43 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Eiland v. StateSupreme Court of Alabama · 1875
- Leith v. StateSupreme Court of Alabama · 1921
- Smith v. StateSupreme Court of Alabama · 1916
- Mahone v. WilliamsSupreme Court of Alabama · 1863
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