Boyett v. State
Alabama Court of Appeals
Appeal from Circuit Court, Covington County; A. B. Eoster, Judge. Bud Boyett was convicted of manslaughter, and he appeals. The court erred in the admission of the empty shells. 109 Ala. 11, 19 South. 535. The argument of the solicitor was improper and highly prejudicial. 112 Ala. 1, 21 South. 214; 101 Ala. 382, 13 South. 504; 77 Ala. 18;-122 Ala. 26, 26 South. 162. The empty shells were properly admitted. 202 Ala. 24, 79 South. 362; 17 Ala.
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Appeal from Circuit Court, Covington County; A. B. Eoster, Judge. Bud Boyett was convicted of manslaughter, and he appeals. The court erred in the admission of the empty shells. 109 Ala. 11, 19 South. 535. The argument of the solicitor was improper and highly prejudicial. 112 Ala. 1, 21 South. 214; 101 Ala. 382, 13 South. 504; 77 Ala. 18;-122 Ala. 26, 26 South. 162. The empty shells were properly admitted. 202 Ala. 24, 79 South. 362; 17 Ala. App. 490, 86 South. 131; 85 South. 819; 112 Ala. 1, 21 South. 214. There was no error in the admission of the other evidence. 197 Alii. 193, 72 South.…
1Opinion of the CourtBricken, P. J.
This defendant, a white boy who had just passed his sixteenth birthday, was indicted for murder in the first degree ; he was tried and convicted for the offense of manslaughter in the first degree, and appeals.
No exceptions were reserved to the oral charge of the court, and the court gave at the instance of the defendant all of the special written charges requested.
[1] The only exceptions reserved to the rulings of the court relate to the testimony. After witness, W. R. Scarbrough, had identified the empty shell which he had taken from the gun of the deceased, and the two empty shells which…
2Cases cited5 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Hodge v. StateSupreme Court of Alabama · 1892
- Hardley v. StateSupreme Court of Alabama · 1918
- James v. StateAlabama Court of Appeals · 1920
- Lundy v. StateAlabama Court of Appeals · 1920
3Cited by15 opinions
- Veith v. StateCourt of Criminal Appeals of Alabama · 1972
- Thigpen v. StateCourt of Criminal Appeals of Alabama · 1977
- Burch v. StateAlabama Court of Appeals · 1946
- Elliott v. StateAlabama Court of Appeals · 1923
- Barnes v. StateCourt of Criminal Appeals of Alabama · 1978
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