Morgan v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before the Hon. S. E. Greene. The indictment in this case charged, in a single count, that the defendant, Perry Morgan, “ unlawfully and with matice aforethought assaulted Bill Howard with a pistol, with the intent to kill him.” The jury returned a verdict of “ guilty as charged in the indictment,” and the court thereupon sentenced him to the penitentiary for the «term of two years.
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From the Criminal Court of Jefferson. Tried before the Hon. S. E. Greene. The indictment in this case charged, in a single count, that the defendant, Perry Morgan, “ unlawfully and with matice aforethought assaulted Bill Howard with a pistol, with the intent to kill him.” The jury returned a verdict of “ guilty as charged in the indictment,” and the court thereupon sentenced him to the penitentiary for the «term of two years. The opinion of the court states the only exception reserved during the trial.
1Opinion of the CourtMcCLELLAN, J.
Appellant was convicted of an assault with intent to kill. On the trial, he testified in his own behalf, and then proved his good character for truth and veracity, without objection. This was illegal evidence. If it was offered to generate a doubt of his guilt, or to solve an existing doubt in his favor, it was incompetent, because it did not go to any characteristic or quality which tended to illustrate or shed light on the offense charged. That he had the reputation of being a quiet, peaceable man, or the like, would have had a tendency to lead the jury to believe that he did not commit the…
2Cases cited8 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- Franklin v. StateSupreme Court of Alabama · 1856
- Kee v. StateSupreme Court of Arkansas · 1873
- Glaze v. BlakeSupreme Court of Alabama · 1876
- State v. KingSupreme Court of Missouri · 1883
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3Cited by35 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Pihakis v. CottrellSupreme Court of Alabama · 1971
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Vincent v. StateSupreme Court of Alabama · 1936
- Turner v. StateSupreme Court of Alabama · 1899
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