Lang v. State
Supreme Court of Alabama
Appeal from Mobile Oity Court. Tried before Hon. O. J. Semmes. In May or June, 1887, tliere was an excursion from Mobile to Mount Vernon, in Mobile county, on the Mobile and Birmingham railroad. There was a general fight at Mount Vernon, on the day of the excursion, late in the afternoon, and just before the train left for Mobile on its return, in which the deceased, Willie Boyd, was struck a blow in the back of the head with a base ball bat or stick, and knocked down.
Read the full summary
Appeal from Mobile Oity Court. Tried before Hon. O. J. Semmes. In May or June, 1887, tliere was an excursion from Mobile to Mount Vernon, in Mobile county, on the Mobile and Birmingham railroad. There was a general fight at Mount Vernon, on the day of the excursion, late in the afternoon, and just before the train left for Mobile on its return, in which the deceased, Willie Boyd, was struck a blow in the back of the head with a base ball bat or stick, and knocked down. From the effects of this blow, which fractured the skull, Boyd subsequently died. The deceased, Willie Boyd, was actively…
1Opinion of the CourtClopton, J.
— As a general rule in cases of homicide, evidence of the bad character of the deceased for turbulence and violence is not admissible, unless it tends to qualify, or explain the conduct of the deceased, or to illustrate the motive or intent of the accused in committing the homicide— when it' may be said to constitute a part of the res gestee. The character of the deceased, however rash and bloodthirsty, furnishes, per se, no excuse for taking his life. To render such evidence competent and relevant, the conduct of the deceased must be of such nature, that its tendency, under the circumstances…
2Cases cited6 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Storey v. StateSupreme Court of Alabama · 1882
- Pritchett v. StateSupreme Court of Alabama · 1853
- Franklin v. StateSupreme Court of Alabama · 1856
- Floyd v. StateSupreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- State v. Exum.Supreme Court of North Carolina · 1905
- Lovett v. StateSupreme Court of Florida · 1892
- Noble v. StateSupreme Court of Alabama · 1950
- Cleveland v. StateSupreme Court of Alabama · 1888
28 more not listed; retrieve them via the Exa API.