Lindsey v. State
Alabama Court of Appeals
Appeal from Circuit Court, Tuscaloosa County; H. B. Foster, Judge. Claude' Lindsey was convicted of manslaughter in the first degree, and he appealed. The argument objected to was highly improper. 183 Ala. 273, 61 South. 80, Ann. Oas. 1916A, 543; 199 Ala. 411 ,.74 South. 454.
1Opinion of the CourtMerritt, J.
[1] Under an indictment charging the defendant with murder in the first degree, he was convicted of manslaughter in the first degree, and sentenced to the penitentiary ¿Cor a term of five years.
In the course of his final argument to the jury the solicitor used the following as a part of his argument:
“There is not a man on this jury, if he knew there was going to be on the result of his action in this county 20 murders next year, and 10 murders the next year, and if he had his choice he would make it 10.”
“Tou say this by your verdict, you put him where he belongs,, and he won’t use this pistol…
2Cases cited2 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Mitchell v. StateSupreme Court of Alabama · 1896
3Cited by10 opinions
- Arant v. StateSupreme Court of Alabama · 1936
- Johnson v. StateSupreme Court of Alabama · 1961
- Jones v. StateAlabama Court of Appeals · 1948
- Roberts v. StateCourt of Criminal Appeals of Alabama · 1977
- Cronnon v. StateCourt of Criminal Appeals of Alabama · 1975
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