Macon v. State
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. Bernard Harwood. Will Macon was convicted of murder in the first degree and he appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. Bernard Harwood. Will Macon was convicted of murder in the first degree and he appeals. Counsel discuss errors assigned as to the admission and rejection of evidence, but without citation of authority, except as to the adinission of a statement by defendant which they insist was not in the nature of a confession, and therefore, did not require preliminary proof of its voluntary character. — Washington v. State, 58 Ala. 61; Hornsby v. State, 94 Ala. 55; Bush v. State, 136 Ala. 85.
1Opinion of the CourtSomerville, J.
The defendant was convicted of murder in the first degree. The victim was murdered at about 1 o’clock a. m., on his way home from a social gathering, where he and defendant had been together, and when last seen alive he was with defendant. There was no eyewitness to the murder, and, with the excep*8tion of an incriminating admission by defendant, the evidence was entirely circumstantial.
The theory of the prosecution was that robbery was the motive of the murder, and in support of that theory the state was allowed to prove that, when the murdered man ivas found on the sidewalk, his pockets were…
2Cases cited2 opinions
- McGehee v. StateSupreme Court of Alabama · 1911
- Perry v. StateSupreme Court of Alabama · 1888
3Cited by6 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Whitehead v. StateAlabama Court of Appeals · 1918
- Herring v. StateSupreme Court of Alabama · 1941
- Snoddy v. StateAlabama Court of Appeals · 1924
- Potter v. StateCourt of Criminal Appeals of Alabama · 1970
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