Legal Opinion

Porter v. State

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 9 opinions

Appeal from the 'Circuit Court of Russell. Tried before the Hon. A. A. Evans. The defendant was indicted and convicted of murder in the first degree, and was sentenced to the penitentiary for life. 'The opinion sufficiently shows the questions reserved upon the admission of evidence.

Read the full summary

Appeal from the 'Circuit Court of Russell. Tried before the Hon. A. A. Evans. The defendant was indicted and convicted of murder in the first degree, and was sentenced to the penitentiary for life. 'The opinion sufficiently shows the questions reserved upon the admission of evidence. The court gave at the request of the State the following written charge: “When insanity is interposed as a defense to crime, under our statute, the burden of proof is on the defendant to prove it at least by a préponclerance of the evidence, and a reasonable doubt as to it does not justify an acquittal.” The…

1Opinion of the CourtSharpe, J.

Defendant was tried on an indictment charging Mm with the murder of Joseph Fincher.' He defended under a plea of not guilty “by reason of insanity” and a plea of “not guilty.” That he committed the homicide was proven without dispute. In defendant’s behalf testimony was introduced respecting certain peculiarities in his appearance, acts and utterances and of mental unsoundness in other members of his family, which testimony tended to support the plea of insanity. The State introduced testimony of witnesses to effect that they had long known the defendant and were of the opinion he was sane at…

2Cases cited5 opinions

  1. Gunter v. StateSupreme Court of Alabama · 1887
  2. Boswell v. StateSupreme Court of Alabama · 1879
  3. O'Donnell v. RodigerSupreme Court of Alabama · 1884
  4. Johnson v. ArmstrongSupreme Court of Alabama · 1892
  5. Pike v. PikeSupreme Court of Alabama · 1894

3Cited by9 opinions

  1. Anderson v. StateSupreme Court of Alabama · 1922
  2. Braham v. StateSupreme Court of Alabama · 1904
  3. McVeigh v. StateSupreme Court of Florida · 1954
  4. Talbert v. StateSupreme Court of Alabama · 1903
  5. Ayers v. StateCourt of Criminal Appeals of Alabama · 1972

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API