Eaton v. State
Alabama Court of Appeals
Appeal from Anniston City. Court. - Heard before Hon.' Thomas- W. Coleman, Jr.v John Eatoii was convicted of-' manslaughter,^ and he appeals.
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Appeal from Anniston City. Court. - Heard before Hon.' Thomas- W. Coleman, Jr.v John Eatoii was convicted of-' manslaughter,^ and he appeals. Charge 15 is as follows: “Unless you believe from the evidence that a conspiracy to assault Sarge or Shelt Kennedy had been formed between John Pearce prior to the time the. box of cartridges was given Dyer by Pearce, then you cannot consider the evidence as‘to Pearce giving Dyer the cartridges.” ° /. ,. “Charge 13. If the defendant did nothing more than be present at the difficulty and have a gun with him, then your verdict should be for the…
1Opinion of the CourtPelham, J.
— Many of the questions presented on this appeal are determined in the companion case of Fouler v. State, Infra, 63 South. 40. The defendant in that case is a codefendant, jointly indicted with appellant, but separately tried and convicted at the same term of the city court, the appeals in both cases being submitted here at the same time. — See Fowler v. State, Infra. See, also, Kennedy v. State (Sup.) 62 South. 49, present term, a case involving the same tragedy, and in which the defendant was also a codefendant, jointly indicted with the appellant in this case.
*140Charge 15 singles out a part…
2Cases cited11 opinions
- Jones v. StateSupreme Court of Alabama · 1911
- Hanchey v. BrunsonSupreme Court of Alabama · 1911
- Kennedy v. StateSupreme Court of Alabama · 1913
- Pearce v. StateAlabama Court of Appeals · 1912
- Dupree v. StateSupreme Court of Alabama · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Whitaker v. ParsonsSupreme Court of Florida · 1920
- Mabry v. StateAlabama Court of Appeals · 1959
- Fuller v. StateAlabama Court of Appeals · 1966
- Gobble v. StateCourt of Criminal Appeals of Alabama · 2010
- Ivey v. StateCourt of Criminal Appeals of Alabama · 1979
7 more not listed; retrieve them via the Exa API.