Mitchell v. State
Supreme Court of Alabama
From the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. The prisoner in this case, Robert Mitchell, was indicted for the murder of “George, whose other name is to the grand jury unknown, by striking Mm with a piece of wood,” or, as alleged in the second count, “with a deadly weapon, to the grand jury unknown;” was convicted of murder in the second degree, and sentenced to the penitentiary for the term of fifteen years.
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From the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. The prisoner in this case, Robert Mitchell, was indicted for the murder of “George, whose other name is to the grand jury unknown, by striking Mm with a piece of wood,” or, as alleged in the second count, “with a deadly weapon, to the grand jury unknown;” was convicted of murder in the second degree, and sentenced to the penitentiary for the term of fifteen years. “On the trial,” as the bill of exceptions states, “the evidence for the State tended to show that, before the finding of the indictment, and in said county, the…
1Opinion of the CourtStone, J.
Our statute (Code of 1876, § 4295), while it has retained as murder every species of homicide which was murder by the common law, has divided that highest offense against persons into two grades : murder in the first degree, and murder in the second degree. Murder in the first degree is further divided, and defined in four classes: First, homicides perpetrated by “poison, lying in wait, or any other kind of willful, delibérate, malicious, and premeditated killing.” The employment of poison as the agent, or lying in wait to do the deed, either is made sufficient evidence within this class. To…
2Cases cited3 opinions
- McManus v. StateSupreme Court of Alabama · 1860
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Darry v. PeopleCourt Of Oyer And Terminer New York · 1854
3Cited by117 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Hawes v. StateSupreme Court of Alabama · 1889
- Storey v. StateSupreme Court of Alabama · 1882
- DeArman v. StateSupreme Court of Alabama · 1882
- Miller v. StateSupreme Court of Alabama · 1894
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