Stewart v. State
Supreme Court of Alabama
From the Circuit Court of Blount. Tried before the Hon. James Aiken. The defendant in this case, William L. Stewart, was indicted for the murder of William W. Whorton, by stabbing or cutting him with a knife. A trial was had on issue joined on the plea of not guilty, which resulted in a verdict finding the defendant guilty of murder in the second degree, and sentencing him to confinement in the penitentiary for the term of fifteen years.
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From the Circuit Court of Blount. Tried before the Hon. James Aiken. The defendant in this case, William L. Stewart, was indicted for the murder of William W. Whorton, by stabbing or cutting him with a knife. A trial was had on issue joined on the plea of not guilty, which resulted in a verdict finding the defendant guilty of murder in the second degree, and sentencing him to confinement in the penitentiary for the term of fifteen years. The killing occurred on the streets in the town of Summit, on the morning of Christmas, 1884, the deceased dying on the Monday following. The State proved on…
1Opinion of the CourtSomerville, J.
1. The Circuit Court properly excluded the evidence relating to the detailed circumstances of the alleged difficulty between the defendant and J. P. Whorton, who was a kinsman of the deceased, which occurred on the morning of the killing. The State had proved the fact of this difficulty, to show malice. It was irrelevant to prove the details of it, or to show who was the aggressor. — McAnally v. State, 74 Ala. 9; Garrett v. State, 76 Ala. 18.
2. The declarations made by the defendant, a year or more previous to the killing, as to his peaceable intentions for the future, and his indisposition…
2Cases cited6 opinions
- McAnally v. StateSupreme Court of Alabama · 1883
- Sylvester v. StateSupreme Court of Alabama · 1881
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Garrett v. StateSupreme Court of Alabama · 1884
- Whizenant v. StateSupreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Kmart Corp. v. KylesSupreme Court of Alabama · 1998
- McGuff v. StateSupreme Court of Alabama · 1946
- Patton v. StateSupreme Court of Alabama · 1916
- Seams v. StateSupreme Court of Alabama · 1887
25 more not listed; retrieve them via the Exa API.