Green v. State
Supreme Court of Alabama
From the Circuit Court of Colbert. Tried before the Hon. W. B. Wood. The indictment in this case, which was found at the September term of said court, 1879, contained but a single count,, which charged that the defendant, James D. Green, “unlawfully, and with malice aforethought, killed Ephraim W. Thompson by shooting him with a gun, against the peace- and dignity of the State of Alabama.”
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From the Circuit Court of Colbert. Tried before the Hon. W. B. Wood. The indictment in this case, which was found at the September term of said court, 1879, contained but a single count,, which charged that the defendant, James D. Green, “unlawfully, and with malice aforethought, killed Ephraim W. Thompson by shooting him with a gun, against the peace- and dignity of the State of Alabama.” Having been arraigned,, the defendant pleaded not guilty; and the trial was had on issue joined on that plea. “On the trial,” as the bill of exceptions states, “ while the evidence was being detailed to the…
1Opinion of the CourtSomebyille, J.
The principal question involved in this case is that of sovereign jurisdiction in the matter of homicide, where the fatal shot or blow occurs in one State, and death ensues in another. The appellant Green, being under indictment, was convicted of the murder of Ephraim Thompson, and sentenced to the penitentiary for life. The evidence showed that the act of shooting, which caused the death, took place in Colbert county, Alabama, where the indictment was found and the trial occurred; and that *44Thompson died, within a year and a day, in the State of Georgia.
It was formerly doubted, at common law,…
2Cases cited6 opinions
- The Apollon.Supreme Court of the United States · 1824
- State v. NashSupreme Court of Iowa · 1858
- People v. GillCalifornia Supreme Court · 1856
- Jacobson v. StateSupreme Court of Alabama · 1876
- Walker v. StateSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Lidge v. StateCourt of Criminal Appeals of Alabama · 1982
- Voudrie v. StateCourt of Criminal Appeals of Alabama · 1980
- Dolvin v. StateCourt of Criminal Appeals of Alabama · 1979
- Moore v. StateCourt of Criminal Appeals of Texas · 1897
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