Burns v. State
Supreme Court of Alabama
From the Circuit Court of Blount. Tried before the Hon. William: J. Haralson. The prisoner in this case was indicted in September, 1870, for the murder of Pickens Musgrove; pleaded not guilty to the indictment; was tried at the March Term, 1873, convicted of murder in the second degree, and sentenced to the penitentiary for ten years.
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From the Circuit Court of Blount. Tried before the Hon. William: J. Haralson. The prisoner in this case was indicted in September, 1870, for the murder of Pickens Musgrove; pleaded not guilty to the indictment; was tried at the March Term, 1873, convicted of murder in the second degree, and sentenced to the penitentiary for ten years. On the trial he reserved several exceptions to the rulings of the court, which are thus stated in the bill of exceptions : “ The State having given evidence tending to show that at a certain time, about the 5th day of January, 1870, in said County of Blount, the…
1Opinion of the CourtBrickell, J.
— The general rule, often announced by the court, is, that a party to a proceeding, civil or criminal, taking a bill of exceptions, must affirmatively show error to his prejudice, or the proceedings will not be disturbed. Eskridge v. The State, 25 Ala. 30; Butler v. The State, 22 Ala. 43. In this case, the State having given in evidence the declarations of the prisoner on his return to the still-house after the shooting, it was his clear right to adduce the whole of what he said at that time, in reference to the unfortunate transaction. 1 Green. Ev. § 218. This rule has been announced by this…
2Cases cited11 opinions
- Carroll v. StateSupreme Court of Alabama · 1853
- Dupree v. StateSupreme Court of Alabama · 1859
- Eskridge v. StateSupreme Court of Alabama · 1854
- Powell v. StateSupreme Court of Alabama · 1851
- William v. StateSupreme Court of Alabama · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Roberts v. StateSupreme Court of Alabama · 1880
- Cleveland v. StateSupreme Court of Alabama · 1888
- Maddox v. StateSupreme Court of Alabama · 1909
- Roberts v. StateSupreme Court of Alabama · 1881
24 more not listed; retrieve them via the Exa API.