Legal Opinion

Wilbanks v. State

Alabama Court of Appeals

Decided November 6, 1962No. 5 Div. 610PublishedCited by 17 opinions

1Opinion of the Court

CATES, Judge.

Indictment: first degree murder of Barbara Lucas King by shooting her with a rifle [8 mm. Mauser sports]. Verdict: guilty of first degree manslaughter. Sentence: ten years. Motion for new trial: denied.

The testimony of Dr. Rehling brought out by the question as to his “investigation of the path of flight from the entrance of that hole” [in which the bullet was found in the King’s wall] did not invade the province of the jury, Pruitt v. State, 232 Ala. 421, 168 So. 149, even though the use of ‘-‘path of flight” in the question related to a material part of the ultimate issue. This…

2Cases cited48 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. People v. AbbottCalifornia Supreme Court · 1956
  3. Knight v. StateSupreme Court of Alabama · 1962
  4. Hines v. StateSupreme Court of Alabama · 1954
  5. Rollings v. StateSupreme Court of Alabama · 1909

43 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Donald Dwayne Whatley v. State of Alabama.Court of Criminal Appeals of Alabama · 2010
  2. Ivey v. StateCourt of Criminal Appeals of Alabama · 1979
  3. McLaughlin v. StateCourt of Criminal Appeals of Alabama · 1991
  4. Quinlivan v. StateCourt of Criminal Appeals of Alabama · 1993
  5. State v. WilbanksSupreme Court of Alabama · 1969

12 more not listed; retrieve them via the Exa API.

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