Legal Opinion

Hendley v. State

Supreme Court of Alabama

Decided June 21, 1917No. 4 Div. 676PublishedCited by 14 opinions

Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Robert I-Iendley, Ky Hendley, and Newt Hendley were convicted of murder, and they appeal. The judgment entry is as follows: Defendants, Robert Hendley, Ky Hendley, and Newt Hendley, in person, and with' their attorneys, being in open court, the state elects to* try Robert Hendley and Ky ■ Hendley first.

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Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Robert I-Iendley, Ky Hendley, and Newt Hendley were convicted of murder, and they appeal. The judgment entry is as follows: Defendants, Robert Hendley, Ky Hendley, and Newt Hendley, in person, and with' their attorneys, being in open court, the state elects to* try Robert Hendley and Ky ■ Hendley first. Now comes the solicitor, prosecutor for the state, and defendant each in person, and with their attorneys, and a jury for the trial of defendant being selected to the indictment as read to the jury, defendants plead not guilty. .…

1Opinion of the CourtThomas, J.

The defendants, jointly indicted for murder in the first degree, were convicted of murder in the second degree, and their punishment was by the jury fixed at 25 years’ servitude in the penitentiary. The sentence of the court was pursuant to the judgment.

The tendency of the state’s evidence was to show that the defendants had threatened to kill deceased, and that, in pursuance of such threats, they went in search of him, and, meeting Mm in the public road, shot him to death. There was a further tendency of the evidence to show that the defendant Ky Hendley fired the fatal shot, and that the…

2Cases cited24 opinions

  1. Storey v. StateSupreme Court of Alabama · 1882
  2. Miller v. StateSupreme Court of Alabama · 1894
  3. Pope v. StateSupreme Court of Alabama · 1911
  4. McGhee v. StateSupreme Court of Alabama · 1912
  5. Roberson v. StateSupreme Court of Alabama · 1913

19 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Curry v. StateSupreme Court of Alabama · 1919
  2. Patterson v. StateSupreme Court of Alabama · 1918
  3. Carroll v. StateCourt of Criminal Appeals of Alabama · 1979
  4. Byrd v. StateSupreme Court of Alabama · 1952
  5. Hardley v. StateSupreme Court of Alabama · 1918

9 more not listed; retrieve them via the Exa API.

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