Haswell v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jackson County ; W. W. Haralson, Judge. Walter Has well was convicted of manslaughter in the first degree, and he appeals. The court’s oral charge, to which exception was reserved, is as follows: The court charges you that, no mere words, however insulting or abusive, would reduce a killing, otherwise unlawful, when it would otherwise be murder, to manslaughter.
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Appeal from Circuit Court, Jackson County ; W. W. Haralson, Judge. Walter Has well was convicted of manslaughter in the first degree, and he appeals. The court’s oral charge, to which exception was reserved, is as follows: The court charges you that, no mere words, however insulting or abusive, would reduce a killing, otherwise unlawful, when it would otherwise be murder, to manslaughter. The venue was not shown. 153 Ala. 31, 45 South. -640; 148 Ala. 608, 42 South. 999. What Jim Talley said about the defendant having whisky -was no part of the res gesta. 109 Ala. 45, 19 South. 491; 16 <3. J.…
1Opinion of the CourtBricken, P. J.
Defendant was indicted upon a charge of murder in the second degree, was convicted of manslaughter in the first degree, and duly sentenced to a term of five years’ imprisonment in the penitentiary, in accordance with the verdict of the jury.
[1,2] Appellant’s counsel insist that the venue was not sufficiently proven, but this insistence must fail for two reasons: First, there was sufficient evidence of .the venue; the first state’s witness, John Grider, having testified that he was present at the time of the difficulty; that it happened on Sunday, May 25, 1919, and it occurred about a mile…
2Cases cited5 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Reeves v. StateSupreme Court of Alabama · 1914
- Oakley v. StateSupreme Court of Alabama · 1902
- Ray v. StateAlabama Court of Appeals · 1918
3Cited by4 opinions
- Carroll v. StateAlabama Court of Appeals · 1922
- Ray v. StateAlabama Court of Appeals · 1932
- Marshall v. StateAlabama Court of Appeals · 1921
- Ray v. StateAlabama Court of Appeals · 1932