Wimberly v. State
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; F. Lloyd Tate, Judge. •Charles Wimberly was convicted of murder in the first degree, and he appeals. Where one party introduces immaterial evidence, the other party has the right to meet such evidence in refutation by evidence of a like kind. 1 Ala.
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Appeal from Circuit Court, Jefferson County; F. Lloyd Tate, Judge. •Charles Wimberly was convicted of murder in the first degree, and he appeals. Where one party introduces immaterial evidence, the other party has the right to meet such evidence in refutation by evidence of a like kind. 1 Ala. App. 128, 55 South.' 1024. The fact that, 30 days before defendant shot deceased, the deceased had shot at the defendant and threatened to kill him, was admissible. 177 Ala. 24, 59 South. 270; 181 Ala. 28, 61 South. 259; 13 Ala. App. 28, 68 South. 573; 5 Ala. App. 49, 59 South. 350. Counsel discuss…
1Opinion of the CourtBrown, J.
The indictment is for murder in the first degree, and charges that the appellant, “Charlie Wimberly, unlawfully and with malice aforethought, killed John Jackson by shooting him with a pistol.” The trial resulted in a conviction for murder in the first degree and the imposition of the death penalty. The case was tried before the amendment of the Jury Law by the act approved September 29, 1919 (Acts 1919, p. 1041); and the order of the court respecting the special venire for the trial was in strict compliance with the statutes then in force. Acts 1909, p. 319, § 32.
The evidence is without…
2Cases cited5 opinions
- Watson v. AdamsSupreme Court of Alabama · 1914
- Ex Parte Mobile Light R. Co.Supreme Court of Alabama · 1918
- Mason v. StateAlabama Court of Appeals · 1918
- Weaver v. CooperSupreme Court of Alabama · 1882
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3Cited by9 opinions
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- Pinkerton v. StateAlabama Court of Appeals · 1945
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