Legal Opinion

Humphries v. State

Alabama Court of Appeals

Decided June 13, 1911PublishedCited by 12 opinions

Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman; Jr. Bat Humphries was convicted of second degree murder, and he appeals. The exceptions to evidence are sufficiently noted in the opinion.

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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman; Jr. Bat Humphries was convicted of second degree murder, and he appeals. The exceptions to evidence are sufficiently noted in the opinion. The following charges were refused to the defendant: “(1) Unless you believe beyond all reasonable doubt that the defendant fired the fatal shot that took the life of Looney Humphries, or that he was instrumental in procuring some one else to do so, then you should find the defendant not guilty. (2) Gentlemen of the jury, unless you and each of you are convinced by the evidence beyond…

1Opinion of the CourtWalkeb, P. J.

The appellant was joined with Cicero Humphries and • .George Ingram in an indictment charging them with the murder of Looney Humphries. A severance having- been granted, the appellant was tried separately. On the trial there was evidence to warrant an inference that there was a conspiracy to kill the deceased between the three persons named as defendants in the indictment. There was proof to the effect that a difficulty started between the deceased and Cicero Humphries while the two were in adjoining rooms of a house, that George Ingram was in that house at or about the time a shot was fired…

2Cases cited5 opinions

  1. Brown v. StateSupreme Court of Alabama · 1895
  2. Burton v. StateSupreme Court of Alabama · 1896
  3. Evans v. StateSupreme Court of Alabama · 1895
  4. Turner v. StateSupreme Court of Alabama · 1909
  5. Williams v. StateSupreme Court of Alabama · 1894

3Cited by12 opinions

  1. Sparks v. StateSupreme Court of Alabama · 1953
  2. Peyton v. StateAlabama Court of Appeals · 1960
  3. Malone v. StateAlabama Court of Appeals · 1917
  4. Roden v. StateAlabama Court of Appeals · 1915
  5. Lackey v. Missouri & Kansas Interurban Railway Co.Supreme Court of Missouri · 1924

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