Givens v. State
Alabama Court of Appeals
Appeal from Russell Circuit Court. Heard before Hon. Mike Sollie. Jake Givens was convicted of manslaughter in the first degree and be appeals.
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Appeal from Russell Circuit Court. Heard before Hon. Mike Sollie. Jake Givens was convicted of manslaughter in the first degree and be appeals. The only possible theory upon which the shooting of deceased by the codefendant was admissible was either that the two were parties to. a conspiracy, or that defendant aided and abetted, neither of which theories were established by the evidence, nor was a sufficient predicate laid in the evidence for their admission. — Phoenix I. Go. v. Moog. 78 Ala. 284; Street v. State, 43 Ala. i; McAnally v. State, 74 Ala. 9; Ex parte Tally, 102 Ala. 25; Twrner v.…
1Opinion of the Court
THOMAS,. J.
— The defendant, Jake Givens, was jointly indicted with Ed Smith for the murder of Monk Holman; one count charging the murder to have been committed by shooting deceased with a gun and the other by striking him with a stick. The defendant was tried separately and convicted of manslaughter in *124the first degree and given a sentence of eight years. He introduced no evidence at the trial, and the case was submitted to the jury alone upon the evidence offered by the state, which consisted of the testimony of only three witnesses, one of whom was the physician who examined the deceased…
2Cases cited10 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Martin v. StateSupreme Court of Alabama · 1889
- Tidwell v. StateSupreme Court of Alabama · 1881
- Tanner v. StateSupreme Court of Alabama · 1890
- Jordan v. StateSupreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stokley v. StateSupreme Court of Alabama · 1950
- State v. OchoaNew Mexico Supreme Court · 1937
- Ezzell v. StateAlabama Court of Appeals · 1915
- Henderson v. StateAlabama Court of Appeals · 1913
- Butler v. StateAlabama Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.