Kennedy v. State
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coléman, Jr. William Kennedy was convicted of murder in the first degree, and he appeals. Shelton Kennedy and his son Sarge were killed in the same affray, and defendant was jointly indicted with John Pearce and others for the murder of Shelton Kennedy, who was the defendant’s son.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coléman, Jr. William Kennedy was convicted of murder in the first degree, and he appeals. Shelton Kennedy and his son Sarge were killed in the same affray, and defendant was jointly indicted with John Pearce and others for the murder of Shelton Kennedy, who was the defendant’s son. The undisputed evidence is that there had been for some time bad blood between Pearce and Shelton Kennedy, growing out of a dispute as to the use by Pearce, and his lumber wagons, of a road running through a portion of the lands belonging to deceased.…
1Opinion of the CourtSomerville, J.
Defendant was voluntarily present at the time and place of the fatal affray in which his son and grandson were shot to death by John Pearce and others. He knew of the quarrel between Pearce and deceased, and knew of Pearce’s purpose with force and arms to carry his wagons over the disputed section of the road, and knew also of his son’s purpose to resist that aggression to the extent of taking life if need be. Under these ominous conditions defendant remained on the ground and continued a dispute previously begun, and actively aided the Pearce party in the violent removal of the obstruction…
2Cases cited4 opinions
- Smith v. StateSupreme Court of Alabama · 1889
- Amos v. StateSupreme Court of Alabama · 1887
- Parsons v. StateSupreme Court of Alabama · 1913
- Sloss-S. S. & I. Co. v. WeirSupreme Court of Alabama · 1913
3Cited by30 opinions
- Jackson v. StateSupreme Court of Alabama · 1934
- Summers v. StateCourt of Criminal Appeals of Alabama · 1977
- Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 1973
- Colston v. StateCourt of Criminal Appeals of Alabama · 1975
- Lockett v. StateSupreme Court of Alabama · 1928
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