Finch v. State
Supreme Court of Alabama
Appeal from Fayette circuit court. Tried before the Hon. S. H. Speott. At tbe spring term, 1885, of the circuit court of Fayette county, Yilla Finch, the appellant, and Bube South, were jointly indicted for manslaughter in the first degree, alleged to have been committed by them in the hilling of James Lindsay.
Read the full summary
Appeal from Fayette circuit court. Tried before the Hon. S. H. Speott. At tbe spring term, 1885, of the circuit court of Fayette county, Yilla Finch, the appellant, and Bube South, were jointly indicted for manslaughter in the first degree, alleged to have been committed by them in the hilling of James Lindsay. On the trial, which took place at said term, the jury found the appellant, Finch, guilty as charged in the indictment, but as to said Rube South, being unable to agree, a mistrial was entered, and the jury discharged. On this point, the bill of exceptions states, “The jury, after…
1Opinion of the CourtSomeryille, J.
— The juror, Julian, having been a member of the grand jury which found the indictment for the offense charged, was properly challenged for cause. Birdsong v. State, 47 Ala. 68.
2. It being made to appear, by the tendency of the evidence, that the deceased was killed by being cut with a knife, it was competent to show that the defendant had borrowed a knife from the witness, Sanford, a short time before the difficulty, as an act of preparation for an expected difficulty; and the description of the instrument was equally relevant.
*503. The confession of the defendant, South, as to having had a…
2Cases cited6 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Tesney v. StateSupreme Court of Alabama · 1884
- Garrett v. StateSupreme Court of Alabama · 1884
- DeArman v. StateSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Holsemback v. StateCourt of Criminal Appeals of Alabama · 1983
- Dennison v. StateSupreme Court of Alabama · 1953
- Barnett v. StateSupreme Court of Alabama · 1887
- Bell v. StateSupreme Court of Alabama · 1896
- Harris v. StateSupreme Court of Alabama · 1913
14 more not listed; retrieve them via the Exa API.