Legal Opinion

McManus v. State

Supreme Court of Alabama

Decided June 15, 1860PublishedCited by 45 opinions

Fbom the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. The prisoner in this case was indicted in Montgomery county, at the January term of the circuit court, 1859, for the murder of Stewart Dillard, “by striking him with a brick-bat.” The venue was changed, on the prisoner’s application, to- Lowndes county, where he was tried at the November term, 1859, and convicted.

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Fbom the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. The prisoner in this case was indicted in Montgomery county, at the January term of the circuit court, 1859, for the murder of Stewart Dillard, “by striking him with a brick-bat.” The venue was changed, on the prisoner’s application, to- Lowndes county, where he was tried at the November term, 1859, and convicted. The facts of the case, as disclosed on the trial, are thus stated in the bill of exceptions: “ The proof showed that, in January, 1859, in Montgomery county, the prisoner and the deceased, while on a drunken…

1Opinion of the CourtStone, J.

Manslaughter, at the common law, was divided into voluntary and involuntary. "Voluntary manslaughter included all felonious homicides, less heinous than murder, which resulted directly from any unlawful force, aimed at, and applied to the party slain. It Avas not necessary that the perpetrator should have intended or willed the death of the party. The force being unlawful, and iutentionally directed against the deceased, the law pronounced the consummated act — the manslaughter — to be voluntary. — Com. v. Gable, 7 Serg. & *289R. 428; People v. Rector, 19 Wendell, 592-3; Whar. Am. Cr. Law, § 932;…

2Cases cited2 opinions

  1. People v. RectorNew York Supreme Court · 1838
  2. Oliver v. StateSupreme Court of Alabama · 1850

3Cited by45 opinions

  1. Comber v. United StatesDistrict of Columbia Court of Appeals · 1990
  2. Mitchell v. StateSupreme Court of Alabama · 1877
  3. Morris v. StateSupreme Court of Alabama · 1906
  4. Smith v. StateSupreme Court of Alabama · 1913
  5. Clarke v. StateSupreme Court of Alabama · 1885

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