Legal Opinion

Jones v. State

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 12 opinions

Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. •The appellant in this case, Albert Jones, was indicted, tried and convicted for the murder of Walter Cotton, and was sentenced to be hanged. The indictment charged that before the finding of the indictment, the defendant ‘‘unlawfully and with malice aforetb ought, killed Walter L,' Cotton by cutting him with a knife or by stabbing him with a knife.”

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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. •The appellant in this case, Albert Jones, was indicted, tried and convicted for the murder of Walter Cotton, and was sentenced to be hanged. The indictment charged that before the finding of the indictment, the defendant ‘‘unlawfully and with malice aforetb ought, killed Walter L,' Cotton by cutting him with a knife or by stabbing him with a knife.” On the trial of the case it was proved by a practicing physician that he was called to see the deceased and he found him dead when he arrived at the scene; that…

1Opinion of the CourtDowdell, J.

There was evidence tending to show that the wounds made on the deceased, and from which -dea tli resulted, were incised wounds. Stinson, a witness for the Státe, testified that the defendant owned a "barlow knife, but that he had not seen him with it on the day of the killing, nor on the day previous; that he had borrowed the knife from the defendant, and that he saw a knife on the preliminary trial, which was the knife he had seen the defendant with. This evidence was objected *16to by the defendant, and the. objection was overruled. The evidence was relevant as tending to show that the…

2Cases cited6 opinions

  1. Mitchell v. StateSupreme Court of Alabama · 1891
  2. McElroy v. StateSupreme Court of Alabama · 1883
  3. State v. SmithSupreme Judicial Court of Maine · 1851
  4. Rodgers v. StateSupreme Court of Alabama · 1874
  5. Ezell v. StateSupreme Court of Alabama · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Thompson v. StateCourt of Criminal Appeals of Alabama · 1988
  2. Carwile v. StateSupreme Court of Alabama · 1905
  3. Huckabee v. StateSupreme Court of Alabama · 1909
  4. Wesson v. StateSupreme Court of Alabama · 1948
  5. Oliver v. StateSupreme Court of Alabama · 1937

7 more not listed; retrieve them via the Exa API.

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