Legal Opinion

Maxwell v. State

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 10 opinions

Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moore. The appellant, John Maxwell, was indicted and tried for tbe murder of Pat Finnon, was convicted of murder in tbe first degree and sentenced to the penitentiary for life.

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Appeal from the Circuit Court of Bibb. Tried before the Hon. John Moore. The appellant, John Maxwell, was indicted and tried for tbe murder of Pat Finnon, was convicted of murder in tbe first degree and sentenced to the penitentiary for life. Tbe evidence for tbe State tended to show tliat between 8 and 9 o’clock Sunday morning, on November 26, 1899, John Maxwell killed Pat Finnon by shooting him with a pistol; that tbe shooting occurred in Maxwell’s store; (that just before the killing, Finnon ,the deceased, one McMahon and the defendant were boxing with each other, and after they finished…

1Opinion of the CourtHaralson, J.

1. When the sheriff, Vance, arrested the defendant, the next day after he slew the deceased, he found a pistol in the possession of defendant, in his inside coat pocket. This pistol was fully identified as, and it was not denied that it was, the one with which defendant slew deceased. There was no eiwor in overruling defendant’s objection to the evidence, nor to the question which elicited it. Taken in connection with the other evidence in the cause, tending to show defendant’s flight, and the circumstances showing his guilt, its effect was, even if slight, to shed light upon the transaction,…

2Cases cited8 opinions

  1. Campbell v. StateSupreme Court of Alabama · 1853
  2. Storey v. StateSupreme Court of Alabama · 1882
  3. McAdory v. StateSupreme Court of Alabama · 1878
  4. Naugher v. StateSupreme Court of Alabama · 1894
  5. Liles v. StateSupreme Court of Alabama · 1857

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3Cited by10 opinions

  1. Bryant v. StateSupreme Court of Alabama · 1949
  2. Collier v. StateCourt of Criminal Appeals of Alabama · 1973
  3. Carter v. StateSupreme Court of Alabama · 1933
  4. Castona v. StateAlabama Court of Appeals · 1920
  5. Ashworth v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1924

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