Miller v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John R. Tyson. The appellant was indicted and tried for the murder of E. E. Curtis, by shooting him with a pistol, and was convicted of murder in the second degree, and was sentenced to the penitentiary for 20 years.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John R. Tyson. The appellant was indicted and tried for the murder of E. E. Curtis, by shooting him with a pistol, and was convicted of murder in the second degree, and was sentenced to the penitentiary for 20 years. The evidence for the State, as shown by the bill of exceptions, tended to show that on the evening of September 12, 1893, just after supper, and a few minutes after the defendant had eaten supper, and had left his boarding house, four pistol shots were heard ; that upon several persons going to the place where the…
1Opinion of the CourtHead, J.
This court ruled in Jenkins v. State, 82 Ala., 25, that it was competent for a witness to testify that the defendant appeared to be mad. This ruling justified the admission of like evidence in the present case.
The witness, May, was permitted to testify for the State, that the muzzle of a pistol would have to be very close to clothing to scorch it. My brothers are of opinion that it is of common knowledge that the muzzle of a pistol must be very close to clothing, when fired, to scorch it; and while not necessary to be proven, there can be no possible injury to the defendant in permitting a…
2Cases cited12 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Mitchell v. StateSupreme Court of Alabama · 1877
- Prince v. StateSupreme Court of Alabama · 1893
- Fonville v. StateSupreme Court of Alabama · 1890
- Tesney v. StateSupreme Court of Alabama · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Wilson v. StateSupreme Court of Alabama · 1942
- Rogers v. StateSupreme Court of Alabama · 1897
- Smith v. StateSupreme Court of Alabama · 1904
- McGhee v. StateSupreme Court of Alabama · 1912
88 more not listed; retrieve them via the Exa API.