Legal Opinion

Way v. State

Supreme Court of Alabama

Decided April 9, 1908PublishedCited by 64 opinions

Murder. Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Cliff Way was convicted of murder in the second degree, and he appeals. Cliff Way ivas indicted for the murder of one Jones, convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for a term of 13 years. The facts of the case, together with exceptions to evidence, are sufficiently stated in the opinoin of the court.

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Murder. Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Cliff Way was convicted of murder in the second degree, and he appeals. Cliff Way ivas indicted for the murder of one Jones, convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for a term of 13 years. The facts of the case, together with exceptions to evidence, are sufficiently stated in the opinoin of the court. The following charges were given at the request of the ■•state: “(1) I charge you, gentlemen of the jury, that if you believe from all the evidence, beyond a reasonable…

1Opinion of the CourtDowdell, J.

The defendant was indicted for the murder of J. Lem Jones, was tried and convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for a term of 13 years. From the judgment of conviction the present appeal is prosecuted.

The defendant complains that errors prejudicial to him were committed on the trial in rulings of the court on evidence, and the refusal to give certain instructions to the jury requested by him in writing. The first ruling of the court complained of as error was in permitting the witness McClusky, against the defendant’s objection, to testify…

2Cases cited3 opinions

  1. Moulton v. StateSupreme Court of Alabama · 1889
  2. Evans v. StateSupreme Court of Alabama · 1895
  3. Thompson v. StateSupreme Court of Alabama · 1893

3Cited by64 opinions

  1. Wilson v. StateSupreme Court of Alabama · 1942
  2. Stokley v. StateSupreme Court of Alabama · 1950
  3. Thigpen v. StateCourt of Criminal Appeals of Alabama · 1972
  4. Freeman v. StateAlabama Court of Appeals · 1941
  5. Payne v. StateSupreme Court of Alabama · 1954

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