Legal Opinion

James v. State

Supreme Court of Alabama

Decided June 2, 1910PublishedCited by 13 opinions

Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Willie James was convicted of murder in the first degree, and appeals.

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Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Willie James was convicted of murder in the first degree, and appeals. The folloAving charge Avas given at the instance of the state: “(2) When insanity is set up as a defense in a criminal case, the insanity must be established to the satisfaction of the jury by a preponderance of the evidence, and a reasonable doubt of defendant’s sanity, raised by all the evidence, does not authorize an acquittal by reason of insanity.” The charge set out in the tAventy-ninth assignment of error is as follows: “The burden is upon the…

1Opinion of the CourtMcCLELLAN, J.

The defendant, a woman, was convicted of murder in the first degree and sentenced to life imprisonment. On the trial she pleaded not guilty by reason of insanity, in addition to the usual general denial of guilt. That defendant killed the deceased, Dan Austin, by shooting him with a pistol was conced*16ed. Aside from the exoneration sought under the plea of insanity, the defendant undertook to justify the act under the doctrine of self-defense. The prosecution, on the other hand, pressed, in the evidence, the theory that while the deceased was engaged in uncoupling the air connection of an…

2Cases cited4 opinions

  1. Parrish v. StateSupreme Court of Alabama · 1903
  2. Burney v. TorreySupreme Court of Alabama · 1893
  3. Gafford v. StateSupreme Court of Alabama · 1898
  4. Jarvis v. StateSupreme Court of Alabama · 1902

3Cited by13 opinions

  1. Barbour v. StateSupreme Court of Alabama · 1954
  2. Beddow v. StateAlabama Court of Appeals · 1956
  3. State v. WardSupreme Court of North Carolina · 1980
  4. Dean v. StateCourt of Criminal Appeals of Alabama · 1975
  5. State v. CurrieSupreme Court of Minnesota · 1964

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