Johnson v. State
Supreme Court of Alabama
Appeal from Circuit Court, Lamar County; R. I. Jones, Judge. Wes Johnson was convicted of murder in the first degree, and he appeals. The following charges were refused the defendant: (b) Unless you believe beyond all reasonable doubt that the defendant willfully, deliberately, maliciously, with premeditation, shot Effie Myatt with intent to kill her, you cannot find the defendant guilty of murder in the first degree.
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Appeal from Circuit Court, Lamar County; R. I. Jones, Judge. Wes Johnson was convicted of murder in the first degree, and he appeals. The following charges were refused the defendant: (b) Unless you believe beyond all reasonable doubt that the defendant willfully, deliberately, maliciously, with premeditation, shot Effie Myatt with intent to kill her, you cannot find the defendant guilty of murder in the first degree. (c) Lou cannot find the defendant guilty of murder in the first degree, unless you believe beyond a reasonable doubt that the defendant fired the shot with malice aforethought.
1Opinion of the CourtThomas, J.
Defendant -was convicted of murder in the first degree, and sentenced to the penitentiary for life.
The requisite orders of arraignment and plea of not guilty, fixing the date for defendant’s trial, for the venire and the drawing of jury, and for service upon defendant of a certified copy of the indictment against him, together with a copy of the venire, etc., are each shown by the record and the return to the certiorari issuing from this court to the clerk of the circuit court.
The bill of exceptions recites that defendant introduced in evidence a copy of the venire and indictment served on…
2Cases cited41 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Miller v. StateSupreme Court of Alabama · 1894
- Smith v. StateSupreme Court of Alabama · 1916
- Ward v. StateSupreme Court of Alabama · 1856
- Cox v. StateSupreme Court of Alabama · 1909
36 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gast v. StateSupreme Court of Alabama · 1936
- Langford v. StateSupreme Court of Alabama · 1977
- State v. MasseyAlabama Court of Appeals · 1924
- Bigham v. StateSupreme Court of Alabama · 1919
- Nixon v. StateSupreme Court of Alabama · 1958
8 more not listed; retrieve them via the Exa API.