Zaner v. State
Supreme Court of Alabama
From the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Bos. The indictment in this case charged that the defendant, Samuel C. Zaner, “unlawfully and intentionally, but without malice, killed Walter D. Bell, by shooting him with a pistol.” The homicide occurred about dark, on the evening of January 8th, 1890, in the town of Heflin, in said county.
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From the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Bos. The indictment in this case charged that the defendant, Samuel C. Zaner, “unlawfully and intentionally, but without malice, killed Walter D. Bell, by shooting him with a pistol.” The homicide occurred about dark, on the evening of January 8th, 1890, in the town of Heflin, in said county. The deceased was a paralytic, and unable to stand on his legs; and as he Avas sitting in a chair in the door-way of his shop, holding a Winchester rifle across his lap, the defendant passed by, who Avas the marshal of the town, and Avho…
1Opinion of the CourtOlopton, J.
The court adjudged that appellant be imprisoned in the penitentiary for one year, in accordance with the verdict of the jury, which is in the following language : “ We, the jury, find the defendant guilty of manslaughter in the first degree, and assign him to the penitentiary for twelve months.” The discretion to fix the place of imprisonment was exercised by the jury under section 3733 of the Code, which declares: “ Any person who is convicted of manslaughter in the first degree must, at the discretion of the jury, be imprisoned in the penitentiary for not less than one, nor more than ten…
2Cases cited5 opinions
- Gunter v. StateSupreme Court of Alabama · 1887
- State ex rel. Attorney General v. HeidornSupreme Court of Missouri · 1881
- Herrington v. StateSupreme Court of Alabama · 1888
- Steele v. StateSupreme Court of Alabama · 1878
- De Bardelaben v. StateSupreme Court of Alabama · 1874
3Cited by20 opinions
- Evans v. StateSupreme Court of Alabama · 1895
- Brewer v. StateSupreme Court of Alabama · 1909
- Ex Parte TannerSupreme Court of Alabama · 1929
- Ex parte RobinsonSupreme Court of Alabama · 1914
- Washington v. StateSupreme Court of Alabama · 1899
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