Suttles v. State
Alabama Court of Appeals
Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Orbe Suttles, alias, etc., was convicted of manslaughter and he appeals. The person killed was one England,. alleged to have been stabbed with a knife. The evidence was in conflict as to who did the stabbing, and as to who brought on the difficulty.
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Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Orbe Suttles, alias, etc., was convicted of manslaughter and he appeals. The person killed was one England,. alleged to have been stabbed with a knife. The evidence was in conflict as to who did the stabbing, and as to who brought on the difficulty. Charge 2, refused to defendant, is as follows: “If one fact inconsistent with the guilt of defendant has been proven to-your reasonable satisfaction, then you cannot convict this defendant.” “(3) If you believe from the testimony that the weight of evidence is against the theory…
1Opinion of the Court
BRICKEN, J.(1) The defendant, under an indictment for murder in' the first degree, was convicted of manslaughter in the first degree; and from this judgment of conviction he appeals. The ruling of the court in refusing a motion for a new trial in this case is not revisable here, the case having been tried prior to the act (Acts 1915, p. 722) which became effective September 22, 1915; hence said act is not applicable to this case. Prior to said act supra, a motion for a new trial in a criminal case was a matter to be determined by the trial court, and was entirely within its discretion. —…
2Cases cited10 opinions
- Ex parte DavisSupreme Court of Alabama · 1913
- Pippin v. StateSupreme Court of Alabama · 1916
- Hargrove v. StateSupreme Court of Alabama · 1906
- Carney v. StateSupreme Court of Alabama · 1885
- Koch v. StateSupreme Court of Alabama · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Emerson v. StateAlabama Court of Appeals · 1941
- Wilson v. StateAlabama Court of Appeals · 1941
- Pritchett v. StateAlabama Court of Appeals · 1922
- Weems v. StateSupreme Court of Alabama · 1938
- Gaither v. StateAlabama Court of Appeals · 1925
2 more not listed; retrieve them via the Exa API.