Legal Opinion

Levison v. State

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 84 opinions

Appeal from Circuit Court of Bullock. Tried before Hon. J. E. Cobb. The appellant, Pet. Levison, was jointly indicted, together witb Ered. Baldwin, Douglas Brumley and Harry Baldwin, for murdering Philip B. Baldwin by administering poison to bim. A not pros, was entered as to tbe defendants Brumley and Harry Baldwin, and Ered. Baldwin fled before trial. Tbe appellant was tried at tbe fall term, 1875, of the circuit court, upon issue joined upon plea of not guilty.

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Appeal from Circuit Court of Bullock. Tried before Hon. J. E. Cobb. The appellant, Pet. Levison, was jointly indicted, together witb Ered. Baldwin, Douglas Brumley and Harry Baldwin, for murdering Philip B. Baldwin by administering poison to bim. A not pros, was entered as to tbe defendants Brumley and Harry Baldwin, and Ered. Baldwin fled before trial. Tbe appellant was tried at tbe fall term, 1875, of the circuit court, upon issue joined upon plea of not guilty. Tbe judgment entry recites that tbe jury rendered a v,er-diet as follows: “We find the defendant guilty, and. assess punishment in…

1Opinion of the CourtBkickell, C. J.

The statute has divided murder into degrees, describing particularly the constituents of the first degree, and declaring a homicide not having these constituents, and which would have been murder at common law, murder in the second degree. — B. C. § 3653. The jury determine the punishment, on conviction of either degree; the *524first being punishable with death or imprisonment in the penitentiary for life; and the second by hard labor for the county, or imprisonment in the penitentiary, for not less than ten years. — R. C. § 3654. “ When the jury find the defendant guilty, under an indictment…

2Cases cited19 opinions

  1. Johnson v. StateSupreme Court of Alabama · 1850
  2. Brister v. StateSupreme Court of Alabama · 1855
  3. Carroll v. StateSupreme Court of Alabama · 1853
  4. Aaron v. StateSupreme Court of Alabama · 1861
  5. Smith v. StateSupreme Court of Alabama · 1846

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

3Cited by84 opinions

  1. Storey v. StateSupreme Court of Alabama · 1882
  2. McAdory v. StateSupreme Court of Alabama · 1878
  3. Travis v. StateCourt of Criminal Appeals of Alabama · 1997
  4. State v. HopkirkSupreme Court of Missouri · 1884
  5. Brown v. StateSupreme Court of Alabama · 1895

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

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