Legal Opinion

Fuller v. State

Supreme Court of Alabama

Decided July 6, 1906PublishedCited by 20 opinions

Appeal from Bibb Circuit Court. Heard before I-Tox. B. M. Miller. The defendant was indicted with Henry Duncan for the murder of Alien Fuller by shooting him with a gun. A severance was demanded by this defendant, and he Was put upon his trial, convicted, and sentenced to the penitentiary for life.

Read the full summary

Appeal from Bibb Circuit Court. Heard before I-Tox. B. M. Miller. The defendant was indicted with Henry Duncan for the murder of Alien Fuller by shooting him with a gun. A severance was demanded by this defendant, and he Was put upon his trial, convicted, and sentenced to the penitentiary for life. It was shown on the examination of witnesses by the state that when the defendants were arrested some 25 or 30 shells were found on them; that some were gun shells and some were rifle shells, some were buckshot shells and some were not; but the buckshot shells were marked “New Club' Shells.” It was…

1Opinion of the CourtTyson, J.

Under the testimony the shells were sufficiently identified as being those found near the place of the killing. They Avere, therefore, properly allowed in evidence as tending to sIioav, in connection with other testimony adduced, that defendant fired them on the occasion of the homicide.

Section 4711 of the code of 1896 makes it a felony for any person to- aid or attempt to aid any prisoner to escape from jail, confined therein under a charge or conviction of felony. Section 1795 provides that “no objection must be allowed to the competency of a witness because of his conviction for any crime…

2Cases cited5 opinions

  1. Sylvester v. StateSupreme Court of Alabama · 1881
  2. Murphy v. StateSupreme Court of Alabama · 1895
  3. Planters' & Merchants' Insurance v. TunstallSupreme Court of Alabama · 1882
  4. Taylor v. StateSupreme Court of Alabama · 1878
  5. Lee v. CampbellSupreme Court of Alabama · 1878

3Cited by20 opinions

  1. Pippin v. StateSupreme Court of Alabama · 1916
  2. Ellis v. StateSupreme Court of Alabama · 1943
  3. Ex Parte MarshallSupreme Court of Alabama · 1922
  4. Moore v. StateAlabama Court of Appeals · 1915
  5. Abrams v. StateAlabama Court of Appeals · 1920

15 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