Legal Opinion

Stitt v. State

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 18 opinions

From the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. The indictment in this case charged that the defendant, Sam. Stitt, “unlawfully and intentionally, but without malice, killed Richard Oliver, by shooting him with a pistol.” The trial resulted in a verdict of guilty of manslaughter in the first degree, with sentence to imprisonment in the penitentiary for the term of six years.

Read the full summary

From the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. The indictment in this case charged that the defendant, Sam. Stitt, “unlawfully and intentionally, but without malice, killed Richard Oliver, by shooting him with a pistol.” The trial resulted in a verdict of guilty of manslaughter in the first degree, with sentence to imprisonment in the penitentiary for the term of six years. The evidence adduced on the trial, as stated in the bill of exceptions, “tended to show that the defendant and deceased were on very friendly terms towards each other, had lived together for more…

1Opinion of the CourtMcCLELLAN, J.

It appears from the bill of exceptions that the “ defendant objected to. all questions asked witness about the first difficulty, and the court overruled his objections; to which the defendant duly excepted.” Whether the “ first” difficulty, thus referred to, was not in point of fact only a part of ■one continuous transaction, is not very clear from the record; but, upon the whole testimony, we are of the opinion, that all that occurred between the parties leading up to and culminating in the killing, was within the res gestee of the act charged, and, therefore, properly allowed to go to the…

2Cases cited15 opinions

  1. Gibson v. StateSupreme Court of Alabama · 1889
  2. Martin v. StateSupreme Court of Alabama · 1889
  3. Smith v. StateSupreme Court of Alabama · 1889
  4. Cleveland v. StateSupreme Court of Alabama · 1888
  5. Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888

10 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Morris v. StateSupreme Court of Alabama · 1906
  2. Smith v. StateSupreme Court of Alabama · 1916
  3. Nickerson v. StateSupreme Court of Alabama · 1921
  4. Gordon v. StateSupreme Court of Alabama · 1903
  5. Plant v. StateSupreme Court of Alabama · 1903

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API