Birt v. State
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. Alto Y. Lee. Ernest Birt was convicted of manslaughter in tbe first degree, and appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court.
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Appeal from Gadsden City Court. Heard before Hon. Alto Y. Lee. Ernest Birt was convicted of manslaughter in tbe first degree, and appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court. Tbe following charges were requested by the state: “(1) Tbe court charges tbe jury, if, after considering all tbe evidence in this case, tbe jury should believe beyond a reasonable doubt that defendant arrested tbe deceased, took bis pistol from him, and carried him to tbe guardhouse, and when they arrived at tbe guardhouse the defendant ordered tbe deceased to enter, and tbe deceased refused,…
1Opinion of the CourtMcCLELLAN, J.
The defendant was convicted of manslaughter in the first degree. The party slain was one Miller, a prisoner, whom the defendant, as chief of police of Attalla, was undertaking to lodge in-the city prison. The court' instructed the jury that the arrest was authoritative and legal, and the trial seems to have been had throughout upon this assumption by prosecution and defense. The state pressed for a conviction upon the theory that the defendant wantonly murdered Miller, while he was a prisoner, in expression of personal ill will then entertained' by the defendant towards Miller, and that the…
2Cases cited3 opinions
- Williams v. StateSupreme Court of Alabama · 1870
- Clements v. StateSupreme Court of Alabama · 1874
- Dougherty v. StateSupreme Court of Alabama · 1894
3Cited by13 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Holland v. StateSupreme Court of Alabama · 1909
- Paramore v. StateSupreme Court of Georgia · 1925
- Mangino v. ToddAlabama Court of Appeals · 1923
- Dyson v. StateAlabama Court of Appeals · 1939
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