Legal Opinion

Bullington v. State

Alabama Court of Appeals

Decided June 15, 1915PublishedCited by 19 opinions

Murder. Appeal from Franklin Circuit Court. Heard before Hon. C. P. Alm'on. William Bullington was convicted of manslaughter, and he appeals. The following charges were refused to the defendant: “(21) In considering the evidence of the defendant, while you may look to the fact that he is the defendant, yet thát must not render him less creditable than he would be if he were not the defendant.”

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Murder. Appeal from Franklin Circuit Court. Heard before Hon. C. P. Alm'on. William Bullington was convicted of manslaughter, and he appeals. The following charges were refused to the defendant: “(21) In considering the evidence of the defendant, while you may look to the fact that he is the defendant, yet thát must not render him less creditable than he would be if he were not the defendant.” “(25) The state is bound to prove the guilt of the defendant fully, clearly, satisfactorily, and to a moral certainty before you will be authorized to find the defendant guilty.” “(31) If you are unable…

1Opinion of the CourtBrown, J.

The appellant was indicted for murder in the first degree for killing Walter Berry, was tried and convicted of manslaughter in the first degree, and sentenced to the penitentiary for a year and a day as a punishment for the offense, and appeals.

The killing occurred in the public road in front of the defendant’s mill, and the evidence offered by the state tended to show that, while Berry was traveling along the road passing by the mill, the defendant, who was watching, in ambush with others, shot him to death without provocation, while that on the part of the defendant tended to show that the…

2Cases cited14 opinions

  1. Hussey v. StateSupreme Court of Alabama · 1888
  2. Williams v. StateSupreme Court of Alabama · 1886
  3. Roberts v. StateSupreme Court of Alabama · 1880
  4. Smith v. StateSupreme Court of Alabama · 1889
  5. Williams v. StateSupreme Court of Alabama · 1906

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Wilson v. StateAlabama Court of Appeals · 1942
  2. Johnson v. StateSupreme Court of Alabama · 1916
  3. Byrd v. StateAlabama Court of Appeals · 1920
  4. Mitchell v. StateAlabama Court of Appeals · 1916
  5. Rowlan v. StateAlabama Court of Appeals · 1916

14 more not listed; retrieve them via the Exa API.

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