Turner v. State
Supreme Court of Alabama
Appeal from Blount Circuit Court. Tried before Hon. John B. Tally. Tbe defendant below was jointly indicted witb one Jobn Tolbert for tbe murder of Sidney Brown and convicted of manslaughter in tbe first degree. Jobn Tolbert was not arrested and there was a severance, tbe defendant alone being tried.
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Appeal from Blount Circuit Court. Tried before Hon. John B. Tally. Tbe defendant below was jointly indicted witb one Jobn Tolbert for tbe murder of Sidney Brown and convicted of manslaughter in tbe first degree. Jobn Tolbert was not arrested and there was a severance, tbe defendant alone being tried. Tbe evidence for tbe State showed tbat there was a dispute between deceased and tbe defendant about a message sent to tbe wife of tbe latter by deceased, tbat tbe deceased xuslied upon defendant striking him with a hammer, knocking a pistol out of his hands, and the parties then clinched and fell…
1Opinion of the CourtHaralson, J.
— -I. The indictment alleges the deceased came to his death by _ defendant’s shooting him with a gun. The proof showed he was shot with a pistol, and defendant objected to the evidence of his having been shot with a pistol, but the court admitted the evidence, and defendant excepted. The variance is immaterial, since the two weapons are the' same in character, and inflict the same character of wound. Hall v. The State, 79 Ala. 32.
II. The general charge asked by the defendant was properly refused. We are unable to determine very clearly, from the bill of exceptions, whether John Tolbert, who…
2Cases cited2 opinions
- Martin v. StateSupreme Court of Alabama · 1889
- Hull v. StateSupreme Court of Alabama · 1885
3Cited by25 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Pope v. StateSupreme Court of Alabama · 1911
- Ferguson v. StateSupreme Court of Alabama · 1901
- Bell v. StateAlabama Court of Appeals · 1917
- Haney v. StateAlabama Court of Appeals · 1924
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