Mitchell v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. James A. Bilbbo. The appellant in this case, D. P. Mitchell, was indicted jointly with his two sons, for the murder of one Dave Thompson by shooting him with a gun, was tried separately and convicted of manslaughter in the first degree and sentenced to the penitentiary for five years.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. James A. Bilbbo. The appellant in this case, D. P. Mitchell, was indicted jointly with his two sons, for the murder of one Dave Thompson by shooting him with a gun, was tried separately and convicted of manslaughter in the first degree and sentenced to the penitentiary for five years. On the trial the evidence for the State tended to show that as the defendant, in company with his two sons, was passing by the house of the deceased, Dave Thompson, said Thompson ran across the road towards his house, and as he got near his porch,…
1Opinion of the CourtDowdell, J.
On the trial, the defendant introduced evidence tending to show that deceased was a man of violent, bloodthirsty character. The State in rebuttal, introduced a witness, who was asked if he knew the general character of the deceased, who answered, that “he was a good, fair average man.” To the question and answer, the defendant objected, because illegal and irrelevant, which objection was overruled. The objection raised in argument is, that the evidence offered is not in rebuttal. It is true [the original evidence was as to violent, bloodthirsty character. 'These traits have some bearing On…
2Cases cited8 opinions
- Ryan v. StateSupreme Court of Alabama · 1893
- Evans v. StateSupreme Court of Alabama · 1895
- Wilkins v. StateSupreme Court of Alabama · 1893
- Mitchell v. StateSupreme Court of Alabama · 1900
- Winter v. StateSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Parsons v. StateSupreme Court of Alabama · 1948
- Bluett v. StateSupreme Court of Alabama · 1907
- Roberson v. StateSupreme Court of Alabama · 1909
- Utah Mfrs.' Assn. v. StewartUtah Supreme Court · 1933
- State v. CatesMontana Supreme Court · 1934
7 more not listed; retrieve them via the Exa API.