Legal Opinion

Wingate v. State

Alabama Court of Appeals

Decided May 3, 1911PublishedCited by 4 opinions

Appeal from Mobile City Court. Heard before Hon. O. J. Sbmmes. Madison Wingate was convicted of manslaughter in the first degree, and he appeals.

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Appeal from Mobile City Court. Heard before Hon. O. J. Sbmmes. Madison Wingate was convicted of manslaughter in the first degree, and he appeals. The following were charges given for the state: (3) “The court charges the jury that they may consider the testimony of the defendant, together with all the other evidence, in the light of the fact that he is the defendant, and the interest he has in your verdict, and in the further light of the fact that he has heretofore been convicted and sentenced to the penitentiary. This is to be taken in connection with all the other evidence.” (2) “The court…

1Opinion of the CourtDe Ghaffennied, J.

The defendant was indicted for murder in the first degree. He was tried in the city court of Mobile on a plea of not guilty to the indictment, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for a period of five years.

The theory of the state was that the defendant and deceased were quarreling about a woman, Mary Green, and that defendant was cursing deceased about her; that the woman heard the quarrel and called deceased, who thereupon abandoned the quarrel, and, leaving defendant, went to the house of the woman, and sat by her *45on her front porch; that…

2Cases cited19 opinions

  1. Miller v. StateSupreme Court of Alabama · 1894
  2. Lang v. StateSupreme Court of Alabama · 1887
  3. Wilkins v. StateSupreme Court of Alabama · 1893
  4. Winter v. StateSupreme Court of Alabama · 1898
  5. Gilmore v. StateSupreme Court of Alabama · 1899

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

3Cited by4 opinions

  1. Moore v. StateAlabama Court of Appeals · 1915
  2. Ledbetter v. StateAlabama Court of Appeals · 1948
  3. Roden v. StateAlabama Court of Appeals · 1912
  4. Roden v. StateAlabama Court of Appeals · 1912

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