Berry v. State
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. I. B. .Berry was convicted of murder in the first degree, and'he appeals.
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Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. I. B. .Berry was convicted of murder in the first degree, and'he appeals. The bill of exceptions shows the following with respect to the argument of the solicitor ; “The solicitor in Ms opening argument said to the jury: ‘And as he (Berry) is an interested party you have a right to weigh what he said in the case, and, in other words, it is a case where you can break Ms neck on the gallows or send Mm to the pen for life.’ The defendant objected to this argument, and the court overruled the same, and to this action of the court the…
1Per curiam
Appellant, a negro boy under 16 years of age, stabbed with a pocket knife Claude Sission, a white boy near his same age, on a public thoroughfare In the city of Gadsden, from which wound Claude Sission died within a short time. For this offense the appellant was convicted of murder in the first degree, with the infliction of the death penalty.
[1] Upon the defendant being presented in the circuit court under this charge, and it being ascertained that he was under 16 years of age, and charged with a capital felony, the court entered an order transferring the cause to the probate court of that…
2Cases cited4 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Sylvester v. StateSupreme Court of Alabama · 1881
- Martin v. StateSupreme Court of Alabama · 1891
- Tribble v. StateSupreme Court of Alabama · 1906
3Cited by23 opinions
- Powell v. StateSupreme Court of Alabama · 1932
- Wright v. StateSupreme Court of Alabama · 1949
- Perry v. StateSupreme Court of Alabama · 1924
- State v. TominagaHawaii Supreme Court · 1962
- Baugh v. StateSupreme Court of Alabama · 1928
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