Nelson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried, before the Hon. John Moose. The appellant, Charley Nelson, was indicted and tried for the murder of one Shelley Sumner, was convicted of murder in the first degree, and sentenced to be hanged.
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Appeal from the Circuit Court of Dallas. Tried, before the Hon. John Moose. The appellant, Charley Nelson, was indicted and tried for the murder of one Shelley Sumner, was convicted of murder in the first degree, and sentenced to be hanged. During the cross-examination of the defendant as a witness, and after he had testified that it was several months after he shot the deceased ivith a gun before he was arrested, he was asked the following question: “What did you do with the gun with which you shot Mr. Sumner?” To this question the court objected upon the ground that it called for illegal,…
1Opinion of the CourtMcCLELLAN, C. J.
The appellant, Charley Nelson, was tried on an indictment charging 'him with the murder of Shelley Sumner, convicted of murder in the first degree, and sentenced to be hanged. The testimony for the State went to show that the defendant shot the deceased with a shotgun loaded with buckshot in the back, as Sumner was riding rapidly away from him on a mule; the shot entering as from the right side and ranging forward and toward the left through the body, and that when shot Sumner was leaning forward in the saddle. The State’s witnesses gave no account of the origin of the affair nor of the…
2Cases cited5 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Mayberry v. StateSupreme Court of Alabama · 1894
- Smith v. StateSupreme Court of Alabama · 1875
- Gandy v. HumphriesSupreme Court of Alabama · 1860
- Stevenson v. StateSupreme Court of Georgia · 1882
3Cited by47 opinions
- Spooney v. StateSupreme Court of Alabama · 1928
- Hopkins v. StateCourt of Criminal Appeals of Alabama · 1983
- Illinois Central R. R. v. LowerySupreme Court of Alabama · 1913
- Moulton v. StateAlabama Court of Appeals · 1923
- Bass v. StateSupreme Court of Alabama · 1929
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