Legal Opinion

Carden v. State

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 19 opinions

Appeal from Russell Circuit Court. Tried before tbe Hon. J. M. Carmichael. The facts of this case, and the legal questions passed on by the court, sufficiently appear in the opinion, with possibly one exception. One Elbert Cooper had been tried preliminarily for the murder of Reuben Sanders.

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Appeal from Russell Circuit Court. Tried before tbe Hon. J. M. Carmichael. The facts of this case, and the legal questions passed on by the court, sufficiently appear in the opinion, with possibly one exception. One Elbert Cooper had been tried preliminarily for the murder of Reuben Sanders. On that preliminary trial, Will Sanders, a witness for the State in this trial, had been examined and his testimony taken down by the magistrate, as required by section 4286 of the Code of 1886. Defendant attempted to discredit this witness by showing discrepancies between his testimony as then taken…

1Opinion of the CourtSomeryille, J.

The appellant was indicted for the murder of Reuben Sanders, jointly with one Joe Carden, who was acquitted on the trial. The only questions raised for consideration are alleged errors in the rulings of the court, as shown by the bill of exceptions.

1. The evidence tends to show that the appellant entered the house of the deceased, through the aperture in the chimney, and killed him by striking him with an iron crow-bar. To prove motive for the killing, in connection with, sundry threats previously made, the State introduced in evidence an indictment found by the grand jury of Russell county,…

2Cases cited12 opinions

  1. Gunter v. StateSupreme Court of Alabama · 1887
  2. McAnally v. StateSupreme Court of Alabama · 1883
  3. Marler v. StateSupreme Court of Alabama · 1880
  4. Garrett v. StateSupreme Court of Alabama · 1884
  5. Stewart v. StateSupreme Court of Alabama · 1885

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Sanders v. StateCourt of Criminal Appeals of Alabama · 1982
  2. People v. KingIllinois Supreme Court · 1916
  3. Ex Parte WeaverSupreme Court of Alabama · 1996
  4. Manning v. StateSupreme Court of Alabama · 1928
  5. Hammond v. StateSupreme Court of Alabama · 1906

14 more not listed; retrieve them via the Exa API.

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