Kuykendall v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County ; W. W. Harralson, Judge. O. Kuykendall was convicted of manslaughter, and he appealed. The following is the argument of counsel objected to: “Gentlemen, you know as a matter of common knowledge that a shot that entered the eye and went through the brain would kill a man instantly.”
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Appeal from Circuit Court, Marshall County ; W. W. Harralson, Judge. O. Kuykendall was convicted of manslaughter, and he appealed. The following is the argument of counsel objected to: “Gentlemen, you know as a matter of common knowledge that a shot that entered the eye and went through the brain would kill a man instantly.” The following charges were refused the defendant: (2) “You should endeavor to ascertain from all the evidence in the case wbat purpose and motives prompted the defendant.” (3) Identical with 2. (7) “If the evidence shows that on previous occasions Edmonson had endeavored…
1Opinion of the Court
The defendant was originally indicted for murder in the first degree, and was tried and convicted of manslaughter in the first degree, and on appeal the case was reversed. Kuykendall v. State, 16 Ala. App. 197, 76 So. 487. Upon the second trial the defendant was again convicted of manslaughter in the first degree, and his punishment fixed at three years in the penitentiary, and from this judgment of conviction he appeals to this court. There are 52 assignments of error.
By assignment of error numbered 4 appellant insists that no predicate was laid for the introduction of contradictory…
2Cases cited6 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Robinson v. StateSupreme Court of Alabama · 1908
- State ex rel. Gamble v. HubbardSupreme Court of Alabama · 1906
- King v. StateAlabama Court of Appeals · 1920
- Kuykendall v. StateAlabama Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McCreless v. Tennessee Valley BankSupreme Court of Alabama · 1922
- Lang v. StateAlabama Court of Appeals · 1921
- Kuykendall v. StateSupreme Court of Alabama · 1921