Flowers v. State
Alabama Court of Appeals
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Alex Flowers was convicted of murder in the second degree, and lie appeals.
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Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Alex Flowers was convicted of murder in the second degree, and lie appeals. The following charges were refused to the defendant: “The rights and powers of a private citizen in making an arrest for an offense, and the times and occasions provided for by tbe statute, are tbe same as those of an officer; and consequently, in making arrests in the cases and on the times and occasions so provided by statute, he is entitled to the same justification and defense as an officer.” (6) “It is the settled law of this state that life may be…
1Opinion of the CourtPelham, J.
The original indictment upon which the defendant was arraigned, tried, and convicted in *69the court below is sent up with the record, and an inspection of it satisfies us of its sufficiency as an indictment under the code form charging murder in the first degree. The use of the words, as we read them in the indictment before us, “malice of forethought” in place of the words “malice aforethought,” as provided by the form set out in the Code, does not render it void or impair its validity as an indictment charging murder in the first degree. It sufficiently charges malice as constituting an…
2Cases cited5 opinions
- Bryant v. StateSupreme Court of Alabama · 1897
- Griffith v. StateSupreme Court of Alabama · 1891
- Newsom v. StateSupreme Court of Alabama · 1894
- White v. StateSupreme Court of Alabama · 1895
- Jackson v. StateAlabama Court of Appeals · 1911
3Cited by2 opinions
- Couch v. StateAlabama Court of Appeals · 1912
- Brown v. StateAlabama Court of Appeals · 1917