Kirklin v. State
Supreme Court of Alabama
Appeal from Shelby Circuit Court. LI card before ITou. A. H. Alston. John Kirklin was convicted of murder, and lie appeals. Kirklin was indicted for killing Tom Brasher. The evidence excepted to is' sufficiently set out in the opinion.
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Appeal from Shelby Circuit Court. LI card before ITou. A. H. Alston. John Kirklin was convicted of murder, and lie appeals. Kirklin was indicted for killing Tom Brasher. The evidence excepted to is' sufficiently set out in the opinion. At the request of the state the court gave the following charge: “(4) If you believe from the evidence that the defendant, in this county and before the finding of this indictment, hilled Tom Brasher by shooting him with a gun, with malice aforethought, he is guilty of murder; and if said killing was willful, deliberate, malicious, and premeditated, and the…
1Opinion of the CourtEvans, J.
The solicitor asked the state’s witness Sadie Clerkley the following question: “What did Belle Kirklin say, after she came up, about John Kirklin, the defendant coming to her house to get a gun?” *85The defendant objected to said question, on the-ground that it called for irrelevant, illegal, and incompetent evidence. The court overruled the defendant’s objection, and allowed the witness to answer said question. The witness answered: “Mrs. Belle Kirldin said, if John had listened to her, this would not have happened; that John came to her house to get her husband’s gun; that she tried to keep…
2Cases cited1 opinion
- Young v. StateSupreme Court of Alabama · 1891
3Cited by6 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 1981
- Butler v. StateAlabama Court of Appeals · 1917
- Brown v. StateAlabama Court of Appeals · 1936
- Moomaw v. StateAlabama Court of Appeals · 1931
- Morgan v. StateAlabama Court of Appeals · 1950
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