Hadley v. State
Supreme Court of Alabama
Eeom the Circuit Court of Baldwin. Tried before the Hon. H. T. Toulmin. The defendants in this case, James Hadley and James M. Hadley, were jointly indicted and tried, together with Jesse Hadley, Thomas Stewart, and Howell Pitcher, for the murder of Green B. Bryars; pleaded not guilty to the indictment; were convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for the term of ten years, while a verdict of not guilty was returned as to…
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Eeom the Circuit Court of Baldwin. Tried before the Hon. H. T. Toulmin. The defendants in this case, James Hadley and James M. Hadley, were jointly indicted and tried, together with Jesse Hadley, Thomas Stewart, and Howell Pitcher, for the murder of Green B. Bryars; pleaded not guilty to the indictment; were convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for the term of ten years, while a verdict of not guilty was returned as to the other defendants. The circumstances attending the homicide, as disclosed by the evidence adduced on the, trial, are…
1Opinion of the Court
STONE, J. —
Mr. Wharton, tbe able author of the works on Criminal Law, and on Homicide, bas contributed an article to tlie “Forum,” April number, 1875, in which he attempts to show that there has been a revolution in criminal law, in the matter of presumed malice. In his work on Homicide, 2d ed., § 671, he asserts the same doctrine, and says, “ If it be said that the use of a weapon, likely to inflict a mortal blow, implies, as a presumption of law, in its technical sense, a deadly design, this is an error ; and a fortiori is it so, when it is said the use of such a weapon implies a malicious…
2Cases cited4 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Murphy v. StateSupreme Court of Alabama · 1861
- The People v. . SchryverNew York Court of Appeals · 1870
- Tweedy v. StateSupreme Court of Iowa · 1858
3Cited by42 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- DeArman v. StateSupreme Court of Alabama · 1882
- Thigpen v. StateCourt of Criminal Appeals of Alabama · 1972
- Roberts v. StateSupreme Court of Alabama · 1880
- Cooley v. StateSupreme Court of Alabama · 1936
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