Nicholson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. The appellant, John Nicholson, was indicted and tried for murder in the second degree in killing Clarence McConnell, by shooting him with a gun, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for two years.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. The appellant, John Nicholson, was indicted and tried for murder in the second degree in killing Clarence McConnell, by shooting him with a gun, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for two years. The evidence for the State tended to show that the killing occured at a dance; that the defendant was managing the dance and the deceased went up to him and asked him to have played a certain dance ; that the second or third time the deceased went to the defendant there was…
1Opinion of the CourtMcCLELLAN, J.
There was evidence adduced which tended to show that Ed. Batty and Charley Nicholson shot and killed the deceased. The theory of the State was, that even if this were so, the defendant was yet guilty for that he aided and abetted in the homicide, and there was evidence from which it might have been so inferred. But, on'the other hand, there was testimony for the defendant which tended to show that he had no connection with the offense, and that all he did on the occasion of its commission was to put the deceased out of the room where a dance was going on, and where the deceased was.…
2Cited by13 opinions
- Hale v. StateSupreme Court of Alabama · 1898
- Shelton v. StateSupreme Court of Alabama · 1905
- Smith v. StateSupreme Court of Alabama · 1902
- Thomas v. StateSupreme Court of Alabama · 1907
- Olden v. StateSupreme Court of Alabama · 1912
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