Dupree v. State
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKinstry. The prisoner, William H. Dupree, was indicted for the murder of one Smith, whose given name was alleged to 'be unknown to the grand jury, by shooting him with a gun; was convicted of manslaughter in the first degree, ■;and sentenced to imprisonment in the .penitentiary for three years.
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Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKinstry. The prisoner, William H. Dupree, was indicted for the murder of one Smith, whose given name was alleged to 'be unknown to the grand jury, by shooting him with a gun; was convicted of manslaughter in the first degree, ■;and sentenced to imprisonment in the .penitentiary for three years. On the trial, as appears from the bill-of exceptions, the State proved, that the deceased was shot and killed, on Sunday, the 1st ■ day of August, 1858, at Twenty-one-mile bluff in Mobile county; and, for the purpose of showing that…
1Opinion of the Court
A. J. 'WALKER, O. J.—
The threats, proved by the witnesses Williams and Boyd, were made but a short time before the commission of the homicide. They were communicated to the prisoner before the homicide, by the *387persons who heard them uttered. They were indicative of an angry and revengeful spirit, and of a determination to do violence to the prisoner’s person. Such threats were admissible in this case, and the court erred in excluding them.—Powell v. The State, 19 Ala. 577; Carroll v. The State, 23 Ala. 28; Howell v. The State, 5 Geo. 48; Monroe v. The State, 5 Geo. 85; The State v. Zellers, 2…
2Cases cited10 opinions
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- Felix v. StateSupreme Court of Alabama · 1851
- Franklin v. StateSupreme Court of Alabama · 1856
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3Cited by50 opinions
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- Smith v. StateSupreme Court of Alabama · 1916
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