Boswell v. State
Supreme Court of Alabama
From the Circuit Court of Talladega. Tried before the Hon. John Henderson. The prisoner in this case, George Boswell, was indicted for the murder of Eliza Embry, by stabbing her with a knife; was tried on issue joined on the plea of not guilty; found guilty of murder in the first degree, and sentenced to be hanged.
Read the full summary
From the Circuit Court of Talladega. Tried before the Hon. John Henderson. The prisoner in this case, George Boswell, was indicted for the murder of Eliza Embry, by stabbing her with a knife; was tried on issue joined on the plea of not guilty; found guilty of murder in the first degree, and sentenced to be hanged. The prisoner was a mulatto man, whose former wife had been dead five or six years, leaving several children living with him, the oldest being a boy about fifteen years old; and Eliza Embry was a young mulatto woman, whom he had been courting, and who, as he claimed, had promised to…
1Opinion of the CourtStone, J.
It was proposed to prove in this case, by Charley Boswell, a witness for defendant, that, during the month immedately preceding the homicide, defendant “slept very little during the nights he was at home; that he was restless at night, and spent much time in walking the floor, and complained of being unable to sleep.” The plea of insanity was relied on in defense ; and if this question were so presented that we could consider it, we would be inclined to hold that the evidence ought to have been received. Sleeplessness and nervous restlessness are admissible evidence on questions of sanity vel…
2Cases cited9 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- McAllister v. StateSupreme Court of Alabama · 1850
- State v. LawrenceSupreme Judicial Court of Maine · 1870
- Flanagan v. . People of the State of N.Y.New York Court of Appeals · 1873
- State v. MarlerSupreme Court of Alabama · 1841
4 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Ford v. StateSupreme Court of Alabama · 1882
- State v. HarrisonWest Virginia Supreme Court · 1892
- Boyle v. StateSupreme Court of Alabama · 1934
- Maxwell v. StateSupreme Court of Alabama · 1889
49 more not listed; retrieve them via the Exa API.