Hardley v. State
Supreme Court of Alabama
Appeal from Circuit Court, Oullman County; O. Kyle, Judge. Walter Hardley, alias, was convicted of murder in the first degree, and he appeals.
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Appeal from Circuit Court, Oullman County; O. Kyle, Judge. Walter Hardley, alias, was convicted of murder in the first degree, and he appeals. Transferred from the Court of Appeals under section 6, p. 450, Act of April 18, 1911. Charge 1 refused to defendant is as follows: The court charges the jury that, unless you believe from all tbe evidence in this case that defendant killed deceased intentionally, premeditatedly, and unlawfully, and with malice aforethought, it cannot convict defendant of murder in the first degree.
1Opinion of the CourtThomas, J.
The indictment was for murder in the first degree. The trial resulted in a verdict and judgment in which the death penalty was imposed. The questions for def .cisión are: (1) The sufficiency of the judgment entry; (2) the overruling of defendant’s motion for a change of venue; and (3) the refusal of a written charge requested by the defendant.
This record shows that the trial was had on defendant's plea of not guilty, thus showing his arraignment on the indictment under which the trial was had. Howard v. State, 165 Ala. 18, 27, 50 South. 954; Crain v. United States, 162 U. S. 625, 16 Sup. Ct.…
2Cases cited30 opinions
- Crain v. United StatesSupreme Court of the United States · 1896
- Mitchell v. StateSupreme Court of Alabama · 1877
- Hawes v. StateSupreme Court of Alabama · 1889
- Burton v. StateSupreme Court of Alabama · 1896
- Godau v. StateSupreme Court of Alabama · 1913
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3Cited by25 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Dennison v. StateSupreme Court of Alabama · 1953
- Ex Parte RitterSupreme Court of Alabama · 1979
- Vernon v. StateSupreme Court of Alabama · 1944
- Whittle v. StateSupreme Court of Alabama · 1921
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