White v. State
Supreme Court of Alabama
Appeal from Etowali Circuit Court. Tried before Hon. John B. Tally. One of the counts in the indictment in this cause charged, “that . . . Henry White unlawfully and with malice aforethought, but without premeditation, killed William George, by suddenly stopping a moving hand-car on which the said William George was riding, by suddenly applying, and without warning, putting on or applying the brakes to said hand-car, thereby throwing the said William George from, and in…
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Appeal from Etowali Circuit Court. Tried before Hon. John B. Tally. One of the counts in the indictment in this cause charged, “that . . . Henry White unlawfully and with malice aforethought, but without premeditation, killed William George, by suddenly stopping a moving hand-car on which the said William George was riding, by suddenly applying, and without warning, putting on or applying the brakes to said hand-car, thereby throwing the said William George from, and in front of said moving hand-car, causing the same to run over the said William George, mashing his head,"’ &c. The defendent,…
1Opinion of the CourtStone, C. J.
Intention to take life is not necessarily an ingredient of manslaughter, even in the first degree. Harrington v. State, 83 Ala. 9; Williams v. State, Ib. 16. The sixth charge asked for the defendant was rightly refused.
One clause of the seventh charge asked to be given to the jury was, that “if they believe from "the evidence that the defendant did not know the result of stopping the car suddenly, although he may have stepped on the brake in jumping from the car, then he would not be guilty.” This clause of the charge ignores all other inquiries than the want, on the part of the defendant, of…
2Cases cited1 opinion
- Harrington v. StateSupreme Court of Alabama · 1887
3Cited by12 opinions
- Fitzgerald v. StateSupreme Court of Alabama · 1895
- Austin v. StateSupreme Court of Florida · 1931
- Crisp v. StateAlabama Court of Appeals · 1925
- Nixon v. StateSupreme Court of Alabama · 1958
- Fowler v. StateSupreme Court of Alabama · 1909
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