Watkins v. State
Supreme Court of Alabama
Appeal from the -City Court of Mobile. Tried, before the Hon. O. J. Semmes. The appellant in this case, Carter Watkins, was jointly indicted, with Henry Thomas, for the murder of Willie Brown, was convicted of manslaughter in the first degree and sentenced to the penitentiary for five years.
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Appeal from the -City Court of Mobile. Tried, before the Hon. O. J. Semmes. The appellant in this case, Carter Watkins, was jointly indicted, with Henry Thomas, for the murder of Willie Brown, was convicted of manslaughter in the first degree and sentenced to the penitentiary for five years. Upon the arraignment- of the defendant the court ordered that 100 jurors, including the regular panel, be summoned to appear from which the jury was to be drawn for the trial of the defendant. The defendant moved the court to quash the venire upon the ground that Sylvester J. Russell, whose name appears…
1Opinion of the CourtHaralson, J.
The Code, section 4875, provides, that “When the jury finds the defendant guilty under an indictment for murder, they must ascertain, by their verdict, whether it is murder in the first or second degree,” etc. This is for the reason, that the statute, for the purpose of adjusting the punishment, makes mur*95ders at common law of a certain class, murders in the first degree, and all others, murders in the second degree, affixing the penalty of those in the first degree, at death or imprisonment for life in the penitentiary, at the discretion of the jury, and for those falling within the second…
2Cases cited11 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Storey v. StateSupreme Court of Alabama · 1882
- Rogers v. StateSupreme Court of Alabama · 1897
- Thompson v. StateSupreme Court of Alabama · 1894
- Walker v. StateSupreme Court of Alabama · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Gettings v. StateAlabama Court of Appeals · 1947
- Shirley v. StateSupreme Court of Alabama · 1906
- Davis v. StateAlabama Court of Appeals · 1913
- Gaston v. StateSupreme Court of Alabama · 1909
10 more not listed; retrieve them via the Exa API.