Montgomery v. State
Alabama Court of Appeals
Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Wess Montgomery was convicted of manslaughter in the first degree and he appeals. The court erred in refusing charge 13. — Garden v. The State, 84, Ala. 420; Sylvester v. The State, 71 Ala. 18. The court erred in refusing charge 14. — Bishop on Crim.
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Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speake. Wess Montgomery was convicted of manslaughter in the first degree and he appeals. The court erred in refusing charge 13. — Garden v. The State, 84, Ala. 420; Sylvester v. The State, 71 Ala. 18. The court erred in refusing charge 14. — Bishop on Crim. Law, Sec. 871. Charge 15 should have been given. — Perry v. The State, 94 Ala. 25; Roberts v. The State, 68 Ala. 156. Charge 21 should have been been given. — Story v. The State, 71 Ala. 329; Kirkland v. The State, 141 Ala. 45. Charge 22 should have been given. —Pugh v. The…
1Opinion of the CourtPelham, J.
The defendant was indicted for murder, but, having been previously tried on the charge and convicted of murder in the second degree, the defendant’s plea of former acquittal of murder in the first degree was confessed on the present trial. . There was a conviction for manslaughter in the first degree, and the defendant appeals.
While the record contains more than 50 separate exceptions to the testimony reserved on the trial, a careful examination of each of them fails to disclose a reversible error available to the defendant in the court’s rulings on the evidence. Many of these exceptions are…
2Cases cited24 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Bowles v. StateSupreme Court of Alabama · 1877
- Franklin v. StateSupreme Court of Alabama · 1856
- Goldsmith v. StateSupreme Court of Alabama · 1894
- Linnehan v. StateSupreme Court of Alabama · 1898
19 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- McGuff v. StateSupreme Court of Alabama · 1946
- Sanford v. StateAlabama Court of Appeals · 1911
- Page v. StateAlabama Court of Appeals · 1960
- Palmer v. StateAlabama Court of Appeals · 1916
18 more not listed; retrieve them via the Exa API.