Kirby v. State
Supreme Court of Alabama
From the Circuit Court of Crenshaw. Tried before the Hon. John P. Hubbard. The defendant in this case, Walter Kirby, was indicted for the murder of Hill Pitman, by shooting him with a gun; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twenty years.
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From the Circuit Court of Crenshaw. Tried before the Hon. John P. Hubbard. The defendant in this case, Walter Kirby, was indicted for the murder of Hill Pitman, by shooting him with a gun; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twenty years. On the trial, as appears from the bill of - exceptions, the name of one Bryant was drawn as a petit juror, and he was asked by the court if he was related to the deceased; to which he answered, “that he was a second cousin to the step-father of the deceased.” The defendant thereupon challenged him…
1Opinion of the CourtMcCLELLAN, J.
“Affinity properly means the tie which arises from marriage betwixt the husband and the blood relatives of the wife, and between the wife and the blood relatives of the husband. But there is no affinity between the blood relatives of the husband and the blood relatives of the wife.” The juror Bryant, being a cousin of the step-father of the deceased, was related by affinity to the mother of deceased, but bore no relation to deceased himself, and was a competent juror. — Paddock v. Wells, 2 Barb. Ch. (N. Y.) 333; Salinger v. Earle, 45 N. Y., S. C. 80.
The proposed testimony of the witness…
2Cases cited19 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- McAdory v. StateSupreme Court of Alabama · 1878
- Williams v. StateSupreme Court of Alabama · 1886
- Sylvester v. StateSupreme Court of Alabama · 1881
- Cleveland v. StateSupreme Court of Alabama · 1888
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3Cited by33 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Johnson v. StateSupreme Court of Alabama · 1893
- Gibson v. StateSupreme Court of Alabama · 1890
- Walker v. StateSupreme Court of Alabama · 1890
- Reilly v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1984
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