Smith v. State
Supreme Court of Alabama
From the Circuit Court of Perry. Tried before the Hon. George H. Craig. The defendant in this case, Shadrach Smith, was indicted for the murder of Cato Lowery, “ by striking him with a hatchet,” or, as alleged in the second count of the indictment, “ by cutting him with a hatchet.”
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From the Circuit Court of Perry. Tried before the Hon. George H. Craig. The defendant in this case, Shadrach Smith, was indicted for the murder of Cato Lowery, “ by striking him with a hatchet,” or, as alleged in the second count of the indictment, “ by cutting him with a hatchet.” The trial was had on issue joined on the plea of not guilty, and resulted in a verdict and judgment convicting the defendant of murder in the second degree, and sentencing him to imprisonment in the penitentiary for forty years. On the trial, the defendant reserved a bill of exceptions to various rulings of the…
1Opinion of the CourtStone, J.
The accused, having been convicted of murder in the second degree, can not, on another trial, be convicted of a higher grade of homicide.—Bell v. The State, 48 Ala. 684. In many carefully considered cases, we have discussed and declared the various grades of criminal homicide, as classified by our statutes, and we do not deem it necessary to enter again on any general discussion of the subject. McManus v. The State, 36 Ala. 285; Fields v. The State, 52 Ala. 348; Ex parte Nettles, 58 Ala. 268; Judge v. The State, Ib. 406; Mitchell v. The State, 60 Ala. 26; Boswell v. The State, 63 Ala. 306;…
2Cases cited6 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Ex parte NettlesSupreme Court of Alabama · 1877
- McManus v. StateSupreme Court of Alabama · 1860
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Ex parte BrownSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Cleveland v. StateSupreme Court of Alabama · 1888
- Cook v. StateSupreme Court of Florida · 1903
- Ex Parte McGriffSupreme Court of Alabama · 2005
- Jones v. StateAlabama Court of Appeals · 1915
26 more not listed; retrieve them via the Exa API.