Howard v. State
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Jim Howard was convicted of murder in the second degree, and appeals. Jim Howard was indicted and tried for the unlawful and malicious killing of Will Leonard by shooting him with a gun. What is said as to exceptions to evidence is sufficiently stated in the. opinion of the court.
Read the full summary
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Jim Howard was convicted of murder in the second degree, and appeals. Jim Howard was indicted and tried for the unlawful and malicious killing of Will Leonard by shooting him with a gun. What is said as to exceptions to evidence is sufficiently stated in the. opinion of the court. The following written charges were requested by, and were refused to, the defendant: “ (6) The court charges you, gentlemen of the jury, that if there is, from the evidence, reasonable possibility of defendant’s innocence, the jury should find…
1Opinion of the CourtDowdell, J.
The defendant, testifying as a witness in his own behalf, stated that after the shooting of the deceased he (Avitness) Avent to Mountain Top for a doctor. He did not find a doctor, nor did he return to where the shooting occurred. He was asked by his counsel, both on the direct ad redirect examination, why he did not go back to Avhere the deceased Avas. An objection by the solicitor Avas sustained to this question. This ruling of the court is now complained of as error. It was not stated to the trial court what Avas proposed to be shoAvn in evidence by this question. As a general rule secret…
2Cases cited1 opinion
- Gregory v. StateSupreme Court of Alabama · 1903
3Cited by14 opinions
- Clayton v. StateAlabama Court of Appeals · 1929
- Kenny v. StateCourt of Criminal Appeals of Alabama · 1973
- Newsom v. StateAlabama Court of Appeals · 1916
- Duchac v. StateCourt of Criminal Appeals of Alabama · 1974
- Foster v. StateAlabama Court of Appeals · 1953
9 more not listed; retrieve them via the Exa API.