McMahan v. State
Supreme Court of Alabama
• Appeal from Gadsden City Court. Heard before Hon. Alto V. Lee. Kebe McMahan- was convicted of murder in the first degree and he appeals. One defense was that the deceased killed himself under a compact with the defendant, and the other defense was that the defendant had nothing to do with it. The evidence of John Bates should have been excluded.
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• Appeal from Gadsden City Court. Heard before Hon. Alto V. Lee. Kebe McMahan- was convicted of murder in the first degree and he appeals. One defense was that the deceased killed himself under a compact with the defendant, and the other defense was that the defendant had nothing to do with it. The evidence of John Bates should have been excluded. Governor v. Campbell, 17 Ala. 566; Carr v. The State, 106 Ala. 1; Curtis v. The State, 118 Ala. 132; Whittaker v. The State, 106 Ala. 30; McCormack v. The State, 102 Ala. 160; Harbour v. The State, 140 Ala. 106. The court erred in admitting the…
1Opinion of the CourtMcCLELLAN, J.
The deceased, Ashley, died as the result of a. pistol shot penetrating his head at a point near his right ear. The prosecution contended chiefly *72for the theory that defendant purposely shot him in order to possess deceased’s wife, with whom there was evidence tending to show defendant was enamored, and to whom he had paid, as to a married woman, improper attention, if, indeed, he had not had improper relations with her. The defendant asserted his innocence, and testified that deceased accidentally or intentionally took his own life. Leading to the conclusion that deceased committed suicide,…
2Cases cited5 opinions
- Ex parte NettlesSupreme Court of Alabama · 1877
- Arp v. StateSupreme Court of Alabama · 1892
- Commonwealth v. MinkMassachusetts Supreme Judicial Court · 1877
- Ferguson v. StateSupreme Court of Alabama · 1901
- Com'th v. BowenMassachusetts Supreme Judicial Court · 1816
3Cited by22 opinions
- Stokley v. StateSupreme Court of Alabama · 1950
- Skumro v. StateSupreme Court of Alabama · 1936
- Conley v. StateCourt of Criminal Appeals of Alabama · 1977
- Forden v. Joseph G.California Supreme Court · 1983
- Patterson v. StateSupreme Court of Alabama · 1937
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