Wilson v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Tried before Hon. S. E. Greene. The appellant, Tom Wilson, was indicted for the murder of Cash Mosley, a fellow convict, at Pratt Mines; the language of the indictment being as follows; “The grand jury charge that . . . George Williams, Tom Wilson, and Nathan Collins did unlawfully and with malice aforethought kill Cash Mosley by striking him in the head with some hard substance unknown to the grand jury, or by choking him with a piece…
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Appeal from Jefferson Criminal Court. Tried before Hon. S. E. Greene. The appellant, Tom Wilson, was indicted for the murder of Cash Mosley, a fellow convict, at Pratt Mines; the language of the indictment being as follows; “The grand jury charge that . . . George Williams, Tom Wilson, and Nathan Collins did unlawfully and with malice aforethought kill Cash Mosley by striking him in the head with some hard substance unknown to the grand jury, or by choking him with a piece of fuse or cord,” &c. The defendant demurred to the indictment on the ground that it alleged in the alternative the means…
1Opinion of the CourtClopton, J.
The indictment is not defective, because it avers in the alternative the means by which the offense was committed. “When the offense may be committed by different means, or with different intents, such means or intents may be alleged in the alternative.” — Code, 1886, § 4383.
We can not regard the statements of the defendant, made to witness Moore, and during the progress of the preliminary investigation, as acknowledgments of facts not inculpatory in their nature — admissions as distinguished from confessions. They make direct allusions to the deceased, and are narratives of the facts and…
2Cases cited2 opinions
- Kelly v. StateSupreme Court of Alabama · 1882
- Seaborn v. StateSupreme Court of Alabama · 1852
3Cited by21 opinions
- Harris v. StateCourt of Criminal Appeals of Alabama · 1992
- McGehee v. StateSupreme Court of Alabama · 1911
- Shelton v. StateSupreme Court of Alabama · 1905
- Carr v. State.Alabama Court of Appeals · 1920
- Bradford v. StateSupreme Court of Alabama · 1893
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