Thomas v. State
Alabama Court of Appeals
Appeal from- Colbert Circuit Court. Heard before Hon. O. P. Almon. Pbil Thomas was convicted of murder in the second degree, and he appeals. The exceptions to evidence are sufficiently stated in the opinion. The following charges were refused to defendant: (1) If you have a reasonable doubt as to whether or not defendant was at Blankenship’s saloon at the time Henry Freeman was killed, your verdict should be not guilty.
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Appeal from- Colbert Circuit Court. Heard before Hon. O. P. Almon. Pbil Thomas was convicted of murder in the second degree, and he appeals. The exceptions to evidence are sufficiently stated in the opinion. The following charges were refused to defendant: (1) If you have a reasonable doubt as to whether or not defendant was at Blankenship’s saloon at the time Henry Freeman was killed, your verdict should be not guilty. (2) If under all the evidence some one else than defendant may have killed deceased, Henry Freeman, then your verdict should be not guilty. (3) The humane provisions of the…
1Opinion of the CourtThomas, J.
The defendant was indicted for murder in the first degree, and convicted of murder in the second degree.
There was no eye witness to the hilling, and the body of the deceased, Henry Freeman, was not discovered until several hours after his death. All the evidence as to the commission of the crime, and all the evidence tending to show that the defendant was the author thereof, was entirely circumstantial. These circumstances, however, were both strong and well-connected, and in our opinion were such, if believed, as to exclude every other reasonable hypothesis than that a homicide had been…
2Cases cited22 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Gilmore v. StateSupreme Court of Alabama · 1892
- Tesney v. StateSupreme Court of Alabama · 1884
- Evans v. StateSupreme Court of Alabama · 1895
- Maddox v. StateSupreme Court of Alabama · 1909
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3Cited by4 opinions
- Fuller v. StateSupreme Court of Alabama · 1959
- Register v. StateAlabama Court of Appeals · 1922
- Partridge v. StateCourt of Criminal Appeals of Alabama · 1983
- Barnum v. StateAlabama Court of Appeals · 1939