Dolan v. State
Supreme Court of Alabama
Erom the City Court of Mobile. Tried before the Hon. O, J. Semmes. The defendant below, in this case, Martin Dolan, was indicted for the murder of Robert Winbush, by shooting him with a gun.
Read the full summary
Erom the City Court of Mobile. Tried before the Hon. O, J. Semmes. The defendant below, in this case, Martin Dolan, was indicted for the murder of Robert Winbush, by shooting him with a gun. As disclosed in the bill of exceptions, the evidence showed that the deceased was a tenant of the defendant, and owed him money for rent, which the defendant demanded and the deceased did not pay; that the deceased had threatened to take defendant’s life, and the defendant knew of these threats; that defendant had loaned deceased a chain ; that the deceased had purchased a chain for himself; that shortly…
1Opinion of the Court
STONE, C. J.-
— The defendant, a white man, was charged and tried for the murder of one Winbush, of African lineage. The trial court, in the general charge to the jury, said: “Some argument has been made by the attorneys in the cause upon the question of color. I chai'ge you that it is just as much the duty of a jury to convict a white man of the murder of a colored man, as it would be the duty of a jury to convict a colored man for the murder of a white man, if you believe from all the evidence, beyond a reasonable doubt, that the white man is guilty.”
*17Charging further, the court said : “ Some…
2Cases cited18 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Ford v. StateSupreme Court of Alabama · 1882
- Jones v. StateSupreme Court of Alabama · 1884
- Ward v. StateSupreme Court of Alabama · 1856
- Clarke v. StateSupreme Court of Alabama · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Taylor v. StateCourt of Criminal Appeals of Alabama · 1994
- Burton v. StateCourt of Criminal Appeals of Alabama · 1993
- Watkins v. StateSupreme Court of Alabama · 1889
- Cooley v. StateSupreme Court of Alabama · 1936
- Headley v. StateCourt of Criminal Appeals of Alabama · 1973
27 more not listed; retrieve them via the Exa API.