Hurd v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The defendant was indicted, tried and convicted for the murder of Theus Judkins, was convicted of murder in the first degree, and sentenced to the penitentiary for life. There were several charges,given to the jury by the court, and several charges requested by the defendant to be given to the jury were refused. To each of these rulings the defendant separately excepted.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The defendant was indicted, tried and convicted for the murder of Theus Judkins, was convicted of murder in the first degree, and sentenced to the penitentiary for life. There were several charges,given to the jury by the court, and several charges requested by the defendant to be given to the jury were refused. To each of these rulings the defendant separately excepted. It is not necessary on this appeal to set out these charges in detail. The defendant made a motion in arrest of judgment upon the following grounds…
1Opinion of the CourtColeman, J.
The defendant was convicted of murder, and sentenced to the penitentiary for life. The bill of exceptions does not purport to set out all the evidence. The record being in this condition, the presumption is, that the evidence justified the charges to the jury given by the court, and its refusal to charge as requested ; none of the rulings of the court as to instructions being of such a character but that they might have been justified by some condition of the evidence.
The motion in arrest of judgment was properly overruled. The orders of the court, preliminary to the trial» seem to be…
2Cases cited4 opinions
- Sylvester v. StateSupreme Court of Alabama · 1881
- Spicer v. StateSupreme Court of Alabama · 1881
- Washington v. StateSupreme Court of Alabama · 1886
- Hames v. StateSupreme Court of Alabama · 1896
3Cited by5 opinions
- Colson v. StateSupreme Court of Florida · 1906
- Sanders v. SteenSupreme Court of Alabama · 1900
- Kendall v. StateMississippi Supreme Court · 1971
- Elder v. StateSupreme Court of Alabama · 1899
- Gafford v. StateSupreme Court of Alabama · 1898