Legal Opinion

Murphy v. State

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 23 opinions

Appeal from Baldwin Circuit Court. Tried before the Hon. W. S. ANdersoN. The appellant, John Murphy, was indicted; tried and. convicted for the murder of Ed Cameron. On the trial, the State introduced evidence to the effect that Ed Cameron came to his death from the effects of a shot from a gun fired through a window of his ■ store, in which he was sitting. The killing occurred at about 8 o’clock at night.

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Appeal from Baldwin Circuit Court. Tried before the Hon. W. S. ANdersoN. The appellant, John Murphy, was indicted; tried and. convicted for the murder of Ed Cameron. On the trial, the State introduced evidence to the effect that Ed Cameron came to his death from the effects of a shot from a gun fired through a window of his ■ store, in which he was sitting. The killing occurred at about 8 o’clock at night. That about dusk, on the day of the killing, the defendant was seen with a gun, near the store, and heard to say “I will get revenge if this musket will go off before daylight.” The…

1Opinion of the CourtColeman, J.

The defendant in the court below was convicted of murder and sentenced to the penitentiary. On the trial the defendant offered evidence of good character. In rebuttal, we presume, of the evidence of good character, the State was allowed to prove, against the objection of the defendant, by a deputy sheriff, “that he nearly always had a warrant for the defendant’s arrest.” This evidence was clearly illegal, and should have been excluded. A warrant in the hands of an officer for the arrest of another establishes no fact affecting the general reputation of the party to be arrested, and good…

2Cases cited6 opinions

  1. Clarke v. StateSupreme Court of Alabama · 1885
  2. Thompson v. StateSupreme Court of Alabama · 1893
  3. Arp v. StateSupreme Court of Alabama · 1892
  4. Goldsmith v. StateSupreme Court of Alabama · 1894
  5. Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893

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

3Cited by23 opinions

  1. Gwin v. StateCourt of Criminal Appeals of Alabama · 1982
  2. Sharp v. StateSupreme Court of Alabama · 1915
  3. Ellis v. StateSupreme Court of Alabama · 1943
  4. Jarvis v. StateSupreme Court of Alabama · 1902
  5. Gobble v. StateCourt of Criminal Appeals of Alabama · 2010

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

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