Morgan v. State
Alabama Court of Appeals
Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake, Hubert Morgan was convicted of manslaughter, and be appeals. While Mrs. Sciverly was on the stand, the solicitor asked her what did Pearce say. Over objection, witness was permitted to answer: “Pearce called him a vile name (repeating it), and Arthur picked up a breast yoke and made him take it back.
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Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake, Hubert Morgan was convicted of manslaughter, and be appeals. While Mrs. Sciverly was on the stand, the solicitor asked her what did Pearce say. Over objection, witness was permitted to answer: “Pearce called him a vile name (repeating it), and Arthur picked up a breast yoke and made him take it back. I told Arthur to lay it down, and he did, when Hubert- Morgan, defendant, ran up to him and told him to stand hack, and Arthur hit him with a parasol, and they went to fighting, and Pearce ran up and stuck his knife in him.”…
1Opinion of the CourtThomas, J.
— The defendant was indicted for murder. On August 22, 1912, the same term of the court at which he was indicted, he was duly arraigned, and then and there .pleaded not guilty to the indictment; whereupon the court set August 27, 1912, as the day for the trial of the case, and proceeded in all respects as required by law to draw a special jury of 40 persons, which, with the regular jurors (36 in number) drawn and summoned for the week of the trial, were to and did constitute the list from which the jury was to be selected for the trial of the case. On August 27, 1912, when the case was called…
2Cases cited3 opinions
- Blount v. StateSupreme Court of Alabama · 1873
- Collins v. StateAlabama Court of Appeals · 1912
- Donahoo v. TarrantAlabama Court of Appeals · 1911
3Cited by3 opinions
- Hale v. StateAlabama Court of Appeals · 1913
- Patterson v. StateAlabama Court of Appeals · 1913
- Empire Coal Co. v. GravleeAlabama Court of Appeals · 1913