Harkness v. State
Supreme Court of Alabama
Appeal -from the Circuit, Court of Greene. Tried before the Hon. G. B. Mobley, Special Judge. The appellant, George Harkness, was indicted and tried for the murder of Sandy Walker, was convicted of murder in the second degree and sentenced to the penitentiary for thirty-five years. The tendency of the testimony on the part of the State and upon the part of the defendant, respectively, is sufficiently stated in the opinion.
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Appeal -from the Circuit, Court of Greene. Tried before the Hon. G. B. Mobley, Special Judge. The appellant, George Harkness, was indicted and tried for the murder of Sandy Walker, was convicted of murder in the second degree and sentenced to the penitentiary for thirty-five years. The tendency of the testimony on the part of the State and upon the part of the defendant, respectively, is sufficiently stated in the opinion. Mimy Walker, a witness for the State, testified that the deceased was standing in his doorway at the time he was killed by the defendant. Other witnesses for the State…
1Opinion of the CourtShakpe, J.
As to whether the defendant or the-deceased was the assailant in the encounter which resulted in the homicide, the evidence was conflicting. Testimony for the State tended to prove that the killing was done willfully and even without provocation.. Evidence adduced by the defendant tended to show that the deceased when he was shot had while threatening-to kill the defendant approached with an uplifted rail to within a few feet of him and that the defendant was then standing in a road, the exit from which was' partially obstructed by a fence, a gate and a pile of' plank. This conflict in…
2Cases cited10 opinions
- Dupree v. StateSupreme Court of Alabama · 1859
- Pritchett v. StateSupreme Court of Alabama · 1853
- Wilkins v. StateSupreme Court of Alabama · 1893
- Rutledge v. StateSupreme Court of Alabama · 1889
- Jones v. StateSupreme Court of Alabama · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- Hammond v. StateSupreme Court of Alabama · 1906
- Sanders v. StateSupreme Court of Alabama · 1942
- Gordon v. StateSupreme Court of Alabama · 1903
- Sanford v. StateSupreme Court of Alabama · 1904
21 more not listed; retrieve them via the Exa API.