Legal Opinion

William v. State

Supreme Court of Alabama

Decided January 15, 1865PublishedCited by 21 opinions

Feom tbe Circuit Court of Greene. Tried before tbe Hon. A. A. Coleman. The indictment in this case, wbicb was found at tbe October term, 1863, charged that tbe prisoner, wbo was a slave, “unlawfully, and witb malice aforetbougbt, killed Clarissa, a slave, tbe property of J. L. Bozeman, by cutting ber witb a knife, or instrument of like kind.”

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Feom tbe Circuit Court of Greene. Tried before tbe Hon. A. A. Coleman. The indictment in this case, wbicb was found at tbe October term, 1863, charged that tbe prisoner, wbo was a slave, “unlawfully, and witb malice aforetbougbt, killed Clarissa, a slave, tbe property of J. L. Bozeman, by cutting ber witb a knife, or instrument of like kind.” “On tbe trial, at tbe October term, 1864,” as tbe bill of exceptions states, “tbe State introduced J. L. Bozeman as a witness, wbo was tbe owner of tbe prisoner, and proposed to adduce as evidence certain confessions made by tbe prisoner to said witness,…

1Opinion of the CourtPhelan, J.

When the confessions of a prisoner are adduced against him, there is no rule of evidence better settled, than that which requires that all he said at the time, or which made part of the res gestee, shall be received in evidence, and taken together as a whole. It is true the jury are authorized, and required, to weigh the whole, and may give more credence to one part than to another, or none whatever to some part, according to their sound discretion; but the entire statement must be received. All the authorities concur in this, and the rule itself is founded on the most obvious principles of…

2Cited by21 opinions

  1. Monroe v. United StatesCourt of Appeals for the D.C. Circuit · 1956
  2. Levison v. StateSupreme Court of Alabama · 1875
  3. Wright v. StateAlabama Court of Appeals · 1954
  4. Ex Parte DrinkardSupreme Court of Alabama · 2000
  5. United States v. Edward Lester WenzelCourt of Appeals for the Fourth Circuit · 1962

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