Legal Opinion

Domingus v. State

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 21 opinions

From the Circuit-Court of Dale, on change of venue from Henry. Tried before the Hon. Jesse M. Carmichael. The defendant in this case, John L. Domingus, was indicted, jointly with Parker Powell, for the murder of John M. Stringer, by sjiooting him with a pistol; and being tried separately, after a change of venue to Dale county, was convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years.

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From the Circuit-Court of Dale, on change of venue from Henry. Tried before the Hon. Jesse M. Carmichael. The defendant in this case, John L. Domingus, was indicted, jointly with Parker Powell, for the murder of John M. Stringer, by sjiooting him with a pistol; and being tried separately, after a change of venue to Dale county, was convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years. The killing occurred in the town of Dothan, on Monday morning, October 14th, 1889. The defendant was marshal of the town, Parker Powell was deputy-marshal, and…

1Opinion of the CourtMcOLELLAN, J.

— Very many exceptions were reserved on the trial below to the rulings of the court both on the admissibility of testimony and in respect of charges given and refused. These exceptions have been severally examined and found to be without merit, except in two particulars as to the competency of evidence, and those addressed to the action of the trial court in giving charges 2, 3 and 11, at the instance, of the State; and these rulings only will be discussed.

1‘. The testimony of the witness Calhoun, to the effect that a short time before the fatal encounter George Stringer, the deceased, stated…

2Cited by21 opinions

  1. Leach v. StateAlabama Court of Appeals · 1944
  2. Pope v. StateSupreme Court of Alabama · 1911
  3. Lemley v. StateCourt of Criminal Appeals of Alabama · 1992
  4. Johnson v. StateSupreme Court of Alabama · 1961
  5. Ex Parte PettwaySupreme Court of Alabama · 1991

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