Howerton v. State
Supreme Court of Alabama
Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Sam Howerton was convicted of murder, and he appeals. The facts in reference to the judgment and verdict sufficiently appear from the opinion. The following charges were refused to defendant: “(1) Unless you are reasonably convinced beyond a reasonable doubt that defendant conspired with Sylvia Cummings to poison Alice Howerton, then you cannot find defendant guilty.
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Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Sam Howerton was convicted of murder, and he appeals. The facts in reference to the judgment and verdict sufficiently appear from the opinion. The following charges were refused to defendant: “(1) Unless you are reasonably convinced beyond a reasonable doubt that defendant conspired with Sylvia Cummings to poison Alice Howerton, then you cannot find defendant guilty. (2) Unless you believe beyond a reasonable doubt that Sylvia Cummings and defendant Sam Howerton conspired together to take the life of Alice Howerton, and that Alice…
1Opinion of the CourtThomas, J.
The real question presented by this appeal is the sufficiency of the 'verdict to support a sentence of conviction of murder in the first degree. The indictment charged: “That before the finding- of this indictment Sylvia Cummings and Sam Howerton unlawfully and with malice aforethought killed Alice Howerton by administering to- her poison, to wit, strychnine, against the peace and dignity of the state of Alabama.”
Defendant, Sam Howerton, demanded and was granted a severance. On arraignment he pleaded not guilty. On the trial the jury rendered a verdict of guilt as follows : “We, the jury,…
2Cases cited5 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- Brown v. StateSupreme Court of Alabama · 1895
- Cobia v. StateSupreme Court of Alabama · 1849
- Gafford v. StateSupreme Court of Alabama · 1899
- Roberson v. StateSupreme Court of Alabama · 1912
3Cited by19 opinions
- Daniels v. StateSupreme Court of Alabama · 1943
- Robinson v. StateSupreme Court of Alabama · 1943
- Harden v. StateSupreme Court of Alabama · 1924
- Stone v. StateSupreme Court of Alabama · 1922
- Patterson v. StateSupreme Court of Alabama · 1918
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