Reynolds v. State
Supreme Court of Alabama
Appeal from Pike Circuit Court. Heard before Hou. H. A. Pearce. Alonzo Reynolds was convicted of an unlawful homicide, and he appeals. Defendant was indicted for murder in the second degree for the killing of Henry Boswell. The testimony of the killing, as detailed by the wife of the deceased man, was that the deceased and the defendant had been to Troy that day in a wagon, and when they returned Henry Boswell came to the house, leaving the others to put up the mule.
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Appeal from Pike Circuit Court. Heard before Hou. H. A. Pearce. Alonzo Reynolds was convicted of an unlawful homicide, and he appeals. Defendant was indicted for murder in the second degree for the killing of Henry Boswell. The testimony of the killing, as detailed by the wife of the deceased man, was that the deceased and the defendant had been to Troy that day in a wagon, and when they returned Henry Boswell came to the house, leaving the others to put up the mule. She asked Boswell if he wanted any supper, and he told her that he did not, and she put his supper in the stove, and he put…
1Opinion of the CourtHaralson, J.
To constitute manslaughter in the first degree, there must be either a positive intention to kill, or an act of violence from which, ordinarily in the usual course of events, death or great bodily harm may result. It is not necessary that the perpetrator intended or willed the death of the party. — Harrington v. State, 83 Ala. 13, 3 South. 425; White v. State, 84 Ala. 421, 4 South. 598; Lewis v. State, 96 Ala. 10, 11 South. 259, 38 mA. St. Rep. 75.
Charge 3, asked by the defendant and refused, should have been given. The defendant was under 14 years of age. The presumption is, that he had not…
2Cases cited3 opinions
- Lewis v. StateSupreme Court of Alabama · 1892
- Harrington v. StateSupreme Court of Alabama · 1887
- White v. StateSupreme Court of Alabama · 1887
3Cited by14 opinions
- Jones v. StateAlabama Court of Appeals · 1915
- Gosa v. StateSupreme Court of Alabama · 1961
- Langham v. StateAlabama Court of Appeals · 1915
- LaBryer v. StateAlabama Court of Appeals · 1969
- Nixon v. StateSupreme Court of Alabama · 1958
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