Armor v. State
Supreme Court of Alabama
From the Circuit Court of Bussell. Tried before the Hon. James E. Cobb. The indictment in this case was found in October, 1879, and charged that the defendants, Scott Armor and Ivey Doles, “ unlawfully and with malice aforethought killed Susan Calhoun, by cuting her with a knife.” The defendants each pleaded not guilty, and were jointly tried.
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From the Circuit Court of Bussell. Tried before the Hon. James E. Cobb. The indictment in this case was found in October, 1879, and charged that the defendants, Scott Armor and Ivey Doles, “ unlawfully and with malice aforethought killed Susan Calhoun, by cuting her with a knife.” The defendants each pleaded not guilty, and were jointly tried. The jury acquitted Doles, but found Armor guilty of murder' in the second degree, and fixed his punishment at imprisonment in the penitentiary for the term of ten years. The case is brought to this court by Armor, on a bill of exceptions reserved by him…
1Opinion of the CourtBrickell, C. J.
All the occurrences of the evening, from the time Doles and Armor first came to the house of Miles, until the killing of the deceased, including their several declarations, were but parts of a continuous transaction, and there was no error in permitting the State to prove them.
2. Whether, immediately before, and at the time of the homicide, the intoxication of the appellant was so great as to render him incapable of forming a design, or intent, was a conclusion to be drawn by the jury from the facts before them; in reference to which, a witness could not aid them by the expression of an…
2Cases cited6 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1850
- Dupree v. StateSupreme Court of Alabama · 1859
- Felix v. StateSupreme Court of Alabama · 1851
- Hall v. StateSupreme Court of Alabama · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Jordan v. StateSupreme Court of Alabama · 1886
- Hussey v. StateSupreme Court of Alabama · 1888
- Maddox v. StateSupreme Court of Alabama · 1909
- Sharp v. StateSupreme Court of Alabama · 1915
23 more not listed; retrieve them via the Exa API.