McAnally v. State
Supreme Court of Alabama
From the Circuit Court of Blount. Tried before the Hón. Leroy F. Box. The indictment in this case was found at the May term, 1881, and charged that the defendants, Willis McAnally, James McAnally, Reuben McAnally, Philip Musgrove, Joseph Musgrove and William Musgrove, “ unlawfully, and with malice aforethought, killed Frank A. Ilanna, by shooting him with a gun.”
Read the full summary
From the Circuit Court of Blount. Tried before the Hón. Leroy F. Box. The indictment in this case was found at the May term, 1881, and charged that the defendants, Willis McAnally, James McAnally, Reuben McAnally, Philip Musgrove, Joseph Musgrove and William Musgrove, “ unlawfully, and with malice aforethought, killed Frank A. Ilanna, by shooting him with a gun.” A change of venue was granted to Philip Musgrove and William Musgrove, on their application; and the other defendants being jointly tried, and each pleading not guilty, all were acquitted except said Willis McAnally, who was…
1Opinion of the CourtStone, J.
— In charges of crime which, in their nature, may.be perpetrated by more than one guilty participant, if there be a previously formed purpose or conspiracy to commit the offense, then the acts, declarations and conduct of each conspirator, done or expressed in promotion of, or in relation, to the object or purpose of such conspiracy, become the- act, declaration, or conduct of -each co-conspirator, and. may be-given in evidence against him. But, to allow such testimony to go to the jury, a foundation must be laid by proof sufficient, in the opinion of the judge presiding, to establish, prima…
2Cases cited13 opinions
- Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
- Miller v. PeopleIllinois Supreme Court · 1866
- Stuart v. PeopleMichigan Supreme Court · 1879
- Gray v. StateSupreme Court of Alabama · 1879
- Howard v. StateIndiana Supreme Court · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Winslow v. StateSupreme Court of Alabama · 1884
- Jones v. StateSupreme Court of Alabama · 1884
- Smith v. StateSupreme Court of Alabama · 1916
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
56 more not listed; retrieve them via the Exa API.