Morris v. State
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hon. D. W.’ Speake. The defendant was indicted for killing Doc Grisham by shooting him with a pistol. The evidence on the trial shows that the killing was done, by a son of this defendant. after the deceased had struck this defendant. The other facts necessary to properly understand the opinion are fully set out therein.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W.’ Speake. The defendant was indicted for killing Doc Grisham by shooting him with a pistol. The evidence on the trial shows that the killing was done, by a son of this defendant. after the deceased had struck this defendant. The other facts necessary to properly understand the opinion are fully set out therein. The following charges were requested by the defend- • ant and refused by the court: Charge 7: “The burden of proof is on the defendant to establish self-defense by a preponderance of the evidence; but, if all the evidence…
1Opinion of the CourtDenson, J.
The defendant was tried on an indictment which charges murder in the first degree, a capital offense. § 5004 of the code of 1806 provides that: “When any capital case or cases stand for trial, the court shall at least one day before .the same is set for trial, cause the box containing the names of jurors to be brought into the courtroom, and after having the same well shaken, the presiding judge shall then and there publicly draw therefrom not less than twenty-five nor more than fifty of such names for each capital case.” It has been uniformly held by this court that this section of the code…
2Cases cited54 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Gibson v. StateSupreme Court of Alabama · 1889
- Jordan v. StateSupreme Court of Alabama · 1886
- State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
- Stone v. StateSupreme Court of Alabama · 1894
49 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Jones v. StateSupreme Court of Alabama · 1911
- Stokley v. StateSupreme Court of Alabama · 1950
- State v. PhillipsSupreme Court of North Carolina · 1954
- Burns v. StateSupreme Court of Alabama · 1934
107 more not listed; retrieve them via the Exa API.