Thomas v. State
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before the Hon. A. D. Saybe. The appellant, Dan Thomas, was indicted and tried for the murder of Albert Harris, was convicted of manslaughter in the first degree and sentenced to the penitentiary for ten years.
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Appeal from tbe City Court of Montgomery. Tried before the Hon. A. D. Saybe. The appellant, Dan Thomas, was indicted and tried for the murder of Albert Harris, was convicted of manslaughter in the first degree and sentenced to the penitentiary for ten years. On the trial the evidence showed that one Jerry Williams and Dave Williams, who were not related to each other, got into a difficulty at a negro dance, and that as Dave Williams walked out of the house, the defendant Dan Thomas and Pink Thomas, his brother, went with him; that Jerry Williams followed them, and as he left the house called…
1Opinion of the CourtSharpe, J.
From the evidence it was open to the jury to infer that defendant himself fired a pistol at the deceased and that he being present by his conduct encouraged another to commit the homicide or abetted that other in its commission. Such participation in a crime makes the participant criminally responsible though there may have been no previously formed purpose or agreement to do an illegal act.—Caddell v. State, 129 Ala. 57; Jolly v. State, 94 Ala. 19; Amos v. State, 83 Ala. 1. Each of the charges 1 to 6, inclusive, would have withdrawn from the jury the question of defendant’s culpability as an…
2Cases cited3 opinions
- Amos v. StateSupreme Court of Alabama · 1887
- Jolly v. StateSupreme Court of Alabama · 1891
- Caddell v. StateSupreme Court of Alabama · 1900
3Cited by5 opinions
- Bardin v. StateSupreme Court of Alabama · 1904
- Starks v. StateSupreme Court of Alabama · 1902
- Maloy v. StateAlabama Court of Appeals · 1913
- Henderson v. StateSupreme Court of Alabama · 1908
- Turner v. StateCourt of Criminal Appeals of Alabama · 1981