Rogers v. State
Supreme Court of Alabama
Appeal from the City Court of Gadsden. .Tried before the Hon: John H. Disque. The appellant was indicted and tried for the murder of Tom Hale, was convicted of murder in the second degree, and sentenced to the penitentiary for 15 years. The trial was had upon issue joined upon the pleas of not guilty and “not guilty by reason .of insanity.”
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Appeal from the City Court of Gadsden. .Tried before the Hon: John H. Disque. The appellant was indicted and tried for the murder of Tom Hale, was convicted of murder in the second degree, and sentenced to the penitentiary for 15 years. The trial was had upon issue joined upon the pleas of not guilty and “not guilty by reason .of insanity.” The evidence for the State tended to show that on the day of the killing, which was Thursday, about 6 o’clock, a. m., while the deceased was sitting on the porch of the house of one Marinda Patterson with several other people, the defendant came around the…
1Opinion of the CourtMcCLELLAN, J.
The facts that the deceased, a boy sixteen years of age, carried the daughter of defendant, a girl of thirteen or fourteen years, from Gadsden to Ashville, three or four days before the homicide under a promise of marriage, that he did not marry her, and that leaving her at Ashville he returned to Gadsden two days before the shooting, can neither justify nor palliate the defendant’s act in killing him nor shed any legitimate light on the transaction. And this would be true even had his wrong been more aggravated — even had he debauched the girl, of which there is no pretence. In such case if…
2Cases cited3 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Robinson v. StateSupreme Court of Alabama · 1895
- Flanagan v. StateSupreme Court of Alabama · 1871
3Cited by59 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Amos v. StateSupreme Court of Alabama · 1898
- Gafford v. StateSupreme Court of Alabama · 1898
- Barbour v. StateSupreme Court of Alabama · 1954
- Jones v. StateAlabama Court of Appeals · 1915
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