Fowler v. State
Supreme Court of Alabama
Murder. Appear from Houston Circuit Court. Heard before Hon. H. A. Perace. Frank Fowler was convicted of murder in the second degree, and appeals. Defendant was indicted for murder in the first degree, and tried and convicted of murder in the second degree, and sentenced to the penitentiary for 40 years. The evidence to which exceptions are reserved are sufficiently stated in the opinion.
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Murder. Appear from Houston Circuit Court. Heard before Hon. H. A. Perace. Frank Fowler was convicted of murder in the second degree, and appeals. Defendant was indicted for murder in the first degree, and tried and convicted of murder in the second degree, and sentenced to the penitentiary for 40 years. The evidence to which exceptions are reserved are sufficiently stated in the opinion. The defendant excepted to the following part of the court’s oral charge: “That if, under the evidence in this case, you are satisfied beyond a reasonable doubt that the defendant is guilty of murder in the…
1Opinion of the CourtDenson, J.
The defendant was convicted in Houston circuit court of murder in the second degree, and sentenced to imprisonment in the penitentiary for 40 years. From the judgment of conviction he has taken this appeal.
The deceased was the wife of the defendant, and it is the contention of the state that she came to her death in consequence of blows struck by him. The record does not disclose any positive evidence of defendant’s guilt. The establishment of it depended upon circumstantial evidence. The fact rested- in -inference.
If -it be conceded that it was error for the court to allow witness Beatrice…
2Cases cited21 opinions
- Gilmore v. StateSupreme Court of Alabama · 1892
- Bryant v. StateSupreme Court of Alabama · 1897
- Pickens v. StateSupreme Court of Alabama · 1896
- Rogers v. StateSupreme Court of Alabama · 1897
- Amos v. StateSupreme Court of Alabama · 1898
16 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Gautney v. StateSupreme Court of Alabama · 1969
- Brothers v. StateSupreme Court of Alabama · 1938
- Commander v. StateCourt of Criminal Appeals of Alabama · 1978
- Jolly v. StateCourt of Criminal Appeals of Alabama · 1981
- Parker v. StateCourt of Criminal Appeals of Alabama · 1981
27 more not listed; retrieve them via the Exa API.