Smith v. State
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. I-I. A. Pearce. George Smith was convicted of murder in the first degree, and appeals. The defendant was convicted of murder in the first degree, and sentenced to life imprisonment. The record having been mislaid, it is impossible to make a statement of the facts.
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Appeal from Houston Circuit Court. Heard before Hon. I-I. A. Pearce. George Smith was convicted of murder in the first degree, and appeals. The defendant was convicted of murder in the first degree, and sentenced to life imprisonment. The record having been mislaid, it is impossible to make a statement of the facts. The following charges were requested by the defendant and refused- by the court: “(14) The court charges the jury that murder in the first degree is the intentional killing of a human being with deliberation, malice, and premeditation; and murder in the second degree is the…
1Opinion of the CourtAnderson, J.
Without determining whether or not charge 14 properly defined murder in the first degree, as applicable to the facts in the case at bar, it also attempted to define murder in the second degree, and as to which it was erroneous and misleading. It is not necessary that there was an intent to kill to constitute murder in the second degree. It is sufficient if the defendant voluntarily set in motion or applied an unlawful force from which death ensued, however free the action may be from actual purpose to kill. — Lewis v. State, 96 Ala. 6, 11. South. 259, 38 Am. St. Rep. 75; Bob v. State, 29 Ala.…
2Cases cited8 opinions
- Lewis v. StateSupreme Court of Alabama · 1892
- Henry v. StateSupreme Court of Alabama · 1859
- Stoball v. StateSupreme Court of Alabama · 1897
- Fields v. StateSupreme Court of Alabama · 1875
- Wilson v. StateSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gautney v. StateSupreme Court of Alabama · 1969
- Commander v. StateCourt of Criminal Appeals of Alabama · 1978
- Fowler v. StateSupreme Court of Alabama · 1908
- Jolly v. StateCourt of Criminal Appeals of Alabama · 1981
- Langham v. StateAlabama Court of Appeals · 1915
13 more not listed; retrieve them via the Exa API.