Legal Opinion

Jenkins v. State

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 20 opinions

From the City Court of Mobile. Tried before the Hou. O. J. Semmes. The defendant m this case, Prestou Jenkins, was indicted for the murder of Andrew Silas, “ by cutting him with a knife;” pleaded not guilty to the indictment, was convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for the term of ten years.

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From the City Court of Mobile. Tried before the Hou. O. J. Semmes. The defendant m this case, Prestou Jenkins, was indicted for the murder of Andrew Silas, “ by cutting him with a knife;” pleaded not guilty to the indictment, was convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for the term of ten years. On the trial, as appears from the bill of exceptions, it was proved that the deceased was cut on the head, by a knife in the hands of the defendant, during a struggle between them on the 7th August, 1886, at tbe house of one Ida Johnson, a prostitute…

1Opinion of the CourtStone, C. J.

— The witness, William Smith, testified, against the objection and exception of defendant, that “He (the defendant) appeared like he was mad with Silas (the deceased) for snatching his nickel up.” On being interrogated by the court, as to whether the objection went to the entire answer, counsel replied that it did. We think there was no error m allowing the witness to testify that the accused appeared to be mad. Anger, or bad temper, can be proved in no other way. — Carney v. State, 79 Ala. 14. The objection being general to the whole reply, the court committed no error in overruling it, even…

2Cases cited7 opinions

  1. Mitchell v. StateSupreme Court of Alabama · 1877
  2. Ex parte NettlesSupreme Court of Alabama · 1877
  3. Carney v. StateSupreme Court of Alabama · 1885
  4. McManus v. StateSupreme Court of Alabama · 1860
  5. Judge v. StateSupreme Court of Alabama · 1877

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3Cited by20 opinions

  1. Miller v. StateSupreme Court of Alabama · 1894
  2. Davis v. StateSupreme Court of Alabama · 1901
  3. Pollard v. RogersSupreme Court of Alabama · 1937
  4. Sharp v. StateSupreme Court of Alabama · 1915
  5. Higginbotham v. StateSupreme Court of Alabama · 1955

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