Duncan v. State
Supreme Court of Alabama
From: the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. The defendant in this case, Henry Duncan, was indicted for the murder of his wife, “by giving her morphine,” or, as alleged in the second count, “ a poison the precise kind of which is unknown to the grand jury;” was convicted of murder in the first degree, and sentenced to death.
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From: the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. The defendant in this case, Henry Duncan, was indicted for the murder of his wife, “by giving her morphine,” or, as alleged in the second count, “ a poison the precise kind of which is unknown to the grand jury;” was convicted of murder in the first degree, and sentenced to death. The body of the deceased was exhumed the day after burial, and the contents of the stomach were analyzed by Dr. Lupton, of Auburn, who testified, that they contained “one grain and six-tenths of morphine.” The prosecution proved that the…
1Opinion of the Court
STONE, C. J.-
Many exceptions were reserved in this case, but they naturally resolve themselves into two groups. First, the conduct and conversation of the defendant in reference to the girl Georgia Balderee, done and had both before and after the death of Mrs. I)anean; and, in this connection, the conduct and remarks of the defendant, tending to show dissatisfaction with his wife, for whose murder he was tried and convicted. Each and all of this testimony was competent and legal, as tending to prove a motive for the commission of the offense.. — Baalam v. State, 17 Ala. 451; Johnson v. State,…
2Cases cited6 opinions
- Marler v. StateSupreme Court of Alabama · 1880
- Hall v. StateSupreme Court of Alabama · 1867
- Marler v. StatesSupreme Court of Alabama · 1881
- Baalam v. StateSupreme Court of Alabama · 1850
- Hall v. StateSupreme Court of Alabama · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jackson v. StateCourt of Criminal Appeals of Alabama · 1985
- Corens v. StateCourt of Appeals of Maryland · 1946
- Spicer v. StateSupreme Court of Alabama · 1914
- Freeman v. StateCourt of Criminal Appeals of Alabama · 1988
- Jarrell v. StateAlabama Court of Appeals · 1949
13 more not listed; retrieve them via the Exa API.