Legal Opinion

Underwood v. State

Supreme Court of Alabama

Decided December 14, 1939No. 4 Div. 65PublishedCited by 19 opinions

1Opinion of the Court

THOMAS, Justice.

The first exception challenged the action of the trial court as to a portion of the oral charge to the effect that the defendant, Sam Underwood, had possession of the deceased’s pistol. When the record evidence is looked to, this fact was established. When the context of the oral charge is understood, the court was warranted in so instructing the jury.

The physician described the wounds as “stabs or cuts,” — knife signs on deceased’s face and neck, a large hole made with a blunt instrument in his skull.

The jury may have inferred that the injuries on the victim’s head were…

2Cases cited13 opinions

  1. Anderson v. StateSupreme Court of Alabama · 1922
  2. Ford v. StateSupreme Court of Alabama · 1882
  3. McLean v. StateSupreme Court of Alabama · 1849
  4. McDonald v. StateSupreme Court of Alabama · 1910
  5. O'Rear v. StateSupreme Court of Alabama · 1914

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Phillips v. StateSupreme Court of Alabama · 1946
  2. Hall v. StateCourt of Criminal Appeals of Alabama · 1999
  3. Ex Parte HallSupreme Court of Alabama · 2001
  4. Higginbotham v. StateSupreme Court of Alabama · 1955
  5. Logan v. StateSupreme Court of Alabama · 1948

14 more not listed; retrieve them via the Exa API.

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