Judge v. State
Supreme Court of Alabama
A puf.at, from City Court of Bufaula. Tried before the’ Hon. Alpheus Baeeb. Defendant, Alexander Judge, was indicted for killing unlawfully and with malice aforethought, one Bobert D. Wallace, by striking him with a stick or wagon standard.
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A puf.at, from City Court of Bufaula. Tried before the’ Hon. Alpheus Baeeb. Defendant, Alexander Judge, was indicted for killing unlawfully and with malice aforethought, one Bobert D. Wallace, by striking him with a stick or wagon standard. Issue was joined upon the plea of “notguilty,” and defendant was convicted of murder in the first degree and sentenced to be hanged on Friday, the 27th day of July, 1877. The testimony was, that the deceased was foreman of a plough squad on the plantation of one Wm. H. Locke, and it was the duty of deceased to report any idleness or misconduct of the…
1Opinion of the CourtStone, J.
Speaking of section 4295 of tbe Code of 1876, (Bey. Code, § 8653,) tbe City Court charged tbe jury, that “ These are only instances of murder in the first degree, and tbe crime is not limited to a killing under these enumerated circumstances.” In this tbe City Court erred. Tbe section of tbe Code, with marked emphasis, enumerates tbe circumstances under which a homicide perpetrated becomes murder in tbe first degree, and then adds: “Every other homicide committed under such circumstances as would have constituted murder at common law, is murder in tbe second degree.” Tbe statute, in its two…
2Cases cited3 opinions
- McManus v. StateSupreme Court of Alabama · 1860
- Fields v. StateSupreme Court of Alabama · 1875
- Tempe v. StateSupreme Court of Alabama · 1867
3Cited by20 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- People v. MaughsCalifornia Supreme Court · 1906
- McKee v. StateSupreme Court of Alabama · 1886
- Ingram v. StateSupreme Court of Alabama · 1880
- Ex parte BrownSupreme Court of Alabama · 1880
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