DeArman v. State
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried before lion. LeRqy F. Box. John A. DeArman, the defendant in the court below, was indicted for the murder of Seaborn J. Crook, and was tried and convicted of murder in the second degree, and sentenced to the penitentiary for the term of twelve years. On the trial many witnesses were examined, both for the prosecution and the defendant, whose testimony is set out m extenso in the bill of exceptions.
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Appeal from Calhoun Circuit Court. Tried before lion. LeRqy F. Box. John A. DeArman, the defendant in the court below, was indicted for the murder of Seaborn J. Crook, and was tried and convicted of murder in the second degree, and sentenced to the penitentiary for the term of twelve years. On the trial many witnesses were examined, both for the prosecution and the defendant, whose testimony is set out m extenso in the bill of exceptions. It was not controverted on the trial that on or about 16th August, 1881, early in the morning, the defendant killed the deceased, shooting him with a…
1Opinion of the Court
STONE, L
The defendant was indicted for murder, and convicted of murder in the second degree. This was an acquittal of murder in the first degree, and the prisoner can not again be tried for that highest grade of felonious homicide. In Mitchell v. State, 60 Ala. 26, we defined the constituents of murder in the first degree, and drew the distinction between that and murder in the second degree. We adhere to what we there said, and will not repeat it. We will not consider any *359questions raised by this record, relating to murder in the first degree. In any future trial of tbis case, all…
2Cases cited6 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Hadley v. StateSupreme Court of Alabama · 1876
- Ingram v. StateSupreme Court of Alabama · 1880
- Cross v. StateSupreme Court of Alabama · 1879
- Leonard v. StateSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Bankston v. StateSupreme Court of Alabama · 1978
- Henderson v. StateCourt of Criminal Appeals of Alabama · 1990
- Sullivan v. State of ArizonaArizona Supreme Court · 1936
- Brown v. StateSupreme Court of Alabama · 1895
- Moulton v. StateSupreme Court of Alabama · 1889
95 more not listed; retrieve them via the Exa API.