Smith v. State
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. Jambs A. Bilbko. Mark Smith was convicted of murder, and appeals. The facts sufficiently appear from the opinion.
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Appeal from Gadsden City Court. Heard before Hon. Jambs A. Bilbko. Mark Smith was convicted of murder, and appeals. The facts sufficiently appear from the opinion. The following charges were refused the defendant: (5) “You cannot convict the defendant unless the evidence he so strong and convincing as to exclude every other reasonable hypothesis except that of the guilt of defendant, and -if, after considering all the evidence in the case, that tending to show guilt, as well as that tending to show innocence, the jury should have a reasonable doubt as to whether the defendant is guilty or…
1Opinion of the CourtSomerville, J.
The defendant, 20 years of age, after four years absence in the naval service, returned home and was living in the house with his mother and sister. 1-Ie reached home on Friday, and on the following Thursday night he killed his brother-in-law, Tur*45ner Lewis, by shooting him to death with a pistol. He was indicted for murder and tried on pleas of “not guilty,” and “not guilty by reason of insanity.” He was found guilty of murder in the second degree and sentenced to imprisonment for 40 years.
Defendant’s sister was the wife of deceased, but had separated from him some time previously, after…
2Cases cited12 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Parrish v. StateSupreme Court of Alabama · 1903
- Ford v. StateSupreme Court of Alabama · 1882
- Maxwell v. StateSupreme Court of Alabama · 1889
- Rollings v. StateSupreme Court of Alabama · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Willie Ray Harrell v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Gosa v. StateSupreme Court of Alabama · 1961
- McPhearson v. StateSupreme Court of Alabama · 1960
- Pounds v. StateAlabama Court of Appeals · 1916
7 more not listed; retrieve them via the Exa API.