Allen v. State
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hon. I). W. Speake. The defendant was indicted for the murder of Jim Allen by cutting him with a knife. He was convicted of murder in the second degree and sentenced to the penitentiary for 50 years. The facts necessary to an understanding of the opinion sufficiently appear therein.
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Appeal from Limestone Circuit Court. Heard before Hon. I). W. Speake. The defendant was indicted for the murder of Jim Allen by cutting him with a knife. He was convicted of murder in the second degree and sentenced to the penitentiary for 50 years. The facts necessary to an understanding of the opinion sufficiently appear therein. The defendant requested the following written charges, which were refused by the court: “(!) I charge you that under the undisputed evidence in this case, the defendant bore a good character. (2) I charge you that words, whether opprobrious or otherwise, if used by…
1Opinion of the CourtDenson, J.
The defendant was convicted of murder in the second degree, and sentenced to imprisonment in the. penitentiary for 50 years.
It is plain law that flight may be given in evidence as a criminating circumstance against the defendant. It is also true that all the facts, connected with the flight, either to increase or diminish the probative force of the fact itself, may he given in evidence. And it was said by this court in Bowle’s Case, and reaffirmed in White’s Case, that “the. unfavorable inference against the prisoner (from proof of flight) would he lessened if lie voluntarily returned and…
2Cases cited3 opinions
- Bowles v. StateSupreme Court of Alabama · 1877
- Spicer v. StateSupreme Court of Alabama · 1881
- White v. StateSupreme Court of Alabama · 1895
3Cited by12 opinions
- Sanders v. StateCourt of Criminal Appeals of Alabama · 1982
- Goforth v. StateSupreme Court of Alabama · 1913
- Kelley v. StateSupreme Court of Alabama · 1933
- Powell v. StateAlabama Court of Appeals · 1957
- Carter v. StateSupreme Court of Alabama · 1933
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