Terry v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. J. W. Foster. The appellant in this case was indicted, tried and convicted of murder in the first degree and sentenced to be hanged. The facts pertaining to the rulings of the court upon the evidence are sufficiently set forth in the opinion.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. J. W. Foster. The appellant in this case was indicted, tried and convicted of murder in the first degree and sentenced to be hanged. The facts pertaining to the rulings of the court upon the evidence are sufficiently set forth in the opinion. The court in its general charge, among other things, instructed the jury as follows: “If the jury had proof of and knew the weapon employed whereby the deceased was killed, then it was necessary to a valid indictment that such weapon be named therein; but if the weapon was unknown to the…
1Opinion of the CourtHaralson, J.
No witness was examined by the State who testified to seeing the commission of the homicide, The evidence against defendant relied on by the State, to show that he was the guilty agent, is circumstantial. As proof tending to show his guilt, the State introduced evidence of a track leading from the scene of the homicide, which it claims was defendant’s track. Defendant did not deny that he went to and from the house, and told the way he went and the way he departed.
*84Treadway, for the State, swore to the trace of the track from the house where the homicide occurred to the house of defendant. He…
2Cases cited10 opinions
- Gilmore v. StateSupreme Court of Alabama · 1892
- Maxwell v. StateSupreme Court of Alabama · 1889
- Fonville v. StateSupreme Court of Alabama · 1890
- Thompson v. StateSupreme Court of Alabama · 1893
- Duvall v. StateSupreme Court of Alabama · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Phillips v. StateSupreme Court of Alabama · 1946
- Pope v. StateSupreme Court of Alabama · 1911
- Smith v. StateSupreme Court of Alabama · 1904
- Jones v. StateAlabama Court of Appeals · 1915
- Lide v. StateSupreme Court of Alabama · 1901
27 more not listed; retrieve them via the Exa API.