Gafford v. State
Supreme Court of Alabama
Appeal from, the Circuit Court of Butler. Tried before tbe Hon. J. W. Foster. Tbe appellant was indicted, and tried for the murder of Francis B. Lloyd/was convicted of murder in tbe first degree, and sentenced to life imprisonment in tbe penitentiary. It was shown by tbe evidence that tbe deceased was billed by being shot with a shot gun by tbe defendant late one afternoon while he, tbe deceased} wag riding along tbe public road.
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Appeal from, the Circuit Court of Butler. Tried before tbe Hon. J. W. Foster. Tbe appellant was indicted, and tried for the murder of Francis B. Lloyd/was convicted of murder in tbe first degree, and sentenced to life imprisonment in tbe penitentiary. It was shown by tbe evidence that tbe deceased was billed by being shot with a shot gun by tbe defendant late one afternoon while he, tbe deceased} wag riding along tbe public road. The evidence for the State tended to show that the defendant lay in wait for the deceased, and fired upon him when within close range, and that there was no hostile…
1Opinion of the CourtMcCLELLAN, C. J.
(1.) Indictment for murder. This is an appeal from a judgment of conviction of murder in the first degree with life sentence to the penitentiary, rendered on the second trial of the defendant. On the first trial there was conviction of murder in the first degree with sentence of death. There was an appeal from that judgment to this court, and it was here reversed, and the cause remanded. On the second trial the circuit judge in thecoursé of his charge given ex mero motu instructed the jury “that the indictment in the case was for murder' in the first degree, and that the State’s contention in…
2Cases cited9 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- Levison v. StateSupreme Court of Alabama · 1875
- Brown v. StateSupreme Court of Alabama · 1895
- Rogers v. StateSupreme Court of Alabama · 1897
- Cobia v. StateSupreme Court of Alabama · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- McPherson v. StateSupreme Court of Alabama · 1916
- Whitehead v. StateSupreme Court of Alabama · 1921
- Booth v. StateSupreme Court of Alabama · 1946
- Jones v. StateAlabama Court of Appeals · 1915
- Patterson v. StateSupreme Court of Alabama · 1918
37 more not listed; retrieve them via the Exa API.