Dudley v. State
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Heard before Hon. A. E. Gamble. Richard Dudley was convicted of murder in the second degree and he appeals.
Read the full summary
Appeal from Lowndes Circuit Court. Heard before Hon. A. E. Gamble. Richard Dudley was convicted of murder in the second degree and he appeals. The indictment is not subject to demurrer. — Sec. 7149, Code 1907; Hornsby v. State, 94 Ala. 55. What defendant said when he procured the gun was admissible. — Dommgus v. State, 99 Ala. 12; Fonmlle v. State, 91 Ala. 39. Defendant’s mental attitude previous to the difficulty and at a time when he did not anticipate the difficulty was not admissible. — Garrett v. State, 78 Ala. 18; Oooper v. State, 63 Ala. 80.
1Opinion of the Court
de GRAFFENRIED, J.
Section 7149 of the present Code provides that when an “offense may be committed by different means, or with different intents, such means or intents may be alleged in the same count (of an indictment) in the alternative.” In'the instant case the defendant demurred to the indictment upon the ground that it alleged, in the alternative, that the defendant committed the unlawful homicide charged in the indictment, by cutting the deceased “with a knife or by shooting him with a gun.” The indictment was not subject to the grounds of demurrer interposed to it. —Code 1907, § 7149,…
2Cases cited1 opinion
- Ellis v. StateSupreme Court of Alabama · 1894
3Cited by13 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Johnson v. StateSupreme Court of Alabama · 1961
- Byrd v. StateSupreme Court of Alabama · 1952
- Brown v. StateAlabama Court of Appeals · 1946
- Lovett v. StateCourt of Criminal Appeals of Alabama · 1986
8 more not listed; retrieve them via the Exa API.