Jackson v. State
Supreme Court of Alabama
" Erom the County Court of Hale. Tried before the Hon. Jas. M. Hobson. The indictment in this case charged, in a single count, that Bob Jackson and Willie Hopkins “ did unlawfully or wantonly kill á horse, the' property of Jake Cowan.”
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" Erom the County Court of Hale. Tried before the Hon. Jas. M. Hobson. The indictment in this case charged, in a single count, that Bob Jackson and Willie Hopkins “ did unlawfully or wantonly kill á horse, the' property of Jake Cowan.” Jackson, being on trial alone, pleaded not guilty, but was convicted, and fined $300. On tbe trial, as tbe bill of exceptions states, Jake Cowan testified, as a witness for tbe State, tbat be bad, on several occasions, found “Paris-green” in tbe trough in wbicb be fed tbe borse, and, thinking tbat some one was attempting to poison tbe borse, placed tbe trough…
1Opinion of the CourtClopton, J.
— The established doctrine in this State is, that all confessions are presumptively involuntary and inadmissible; and that it is incumbent on the State to show’, prima facie, that a confession was freely and voluntarily made, before it can be admissible in evidence to the jury. The determination of this inquiry, as. the determination in respect to the admissibility and competency of all evidence, lies within the province of the court. The inquiry, however, should not be determined on ex-parte evidence. When- , ever the admissibility of any evidence depends on extraneous facts, both parties…
2Cases cited3 opinions
- Redd v. StateSupreme Court of Alabama · 1881
- Young v. StateSupreme Court of Alabama · 1881
- People v. SotoCalifornia Supreme Court · 1874
3Cited by25 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Vernon v. StateSupreme Court of Alabama · 1940
- Lokos v. StateSupreme Court of Alabama · 1965
- Lockett v. StateSupreme Court of Alabama · 1928
- Dannelly v. StateCourt of Criminal Appeals of Alabama · 1971
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