Martin v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before Hon. James S. Clark. Appellant; Martin, was indicted in the circuit court of Franklin for the murder of John W. Norman. The venue was changed to Lauderdale county, where appellant was tried, found guilty of manslaughter in the first degree, and sentenced to five years imprisonment in the penitentiary.
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Appeal from the Circuit Court of Lauderdale. Tried before Hon. James S. Clark. Appellant; Martin, was indicted in the circuit court of Franklin for the murder of John W. Norman. The venue was changed to Lauderdale county, where appellant was tried, found guilty of manslaughter in the first degree, and sentenced to five years imprisonment in the penitentiary. Erom the bill of exceptions, it appears that Martin and Norman were neighbors, and that the difficulty commenced about the right, claimed by both, to gather peaches from trees on a vacant lot near Norman’s house. The evidence establishes…
1Opinion of the CourtPetees, J.
This is a prosecution by indictment for murder, found at ■ the fall term of the circuit court of Franklin county, in the year 1869.
The principal question in the case arises upon the charge of the court to the jury on the trial below. The correctness or incorrectness of this charge depends upon the evidence offered in the circuit court. It is now well settled, that the .charge, in such a case, must not only be a correct enunciation of the law governing the issue, but it must also be correct when applied to the whole evidence delivered on the trial. That is, the charge in any of its expositions…
2Cases cited5 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- Oliver v. StateSupreme Court of Alabama · 1850
- Ex parte ChaseSupreme Court of Alabama · 1869
- Hampton v. StateSupreme Court of Alabama · 1871
- Donnell v. JonesSupreme Court of Alabama · 1850
3Cited by2 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Beasley v. StateSupreme Court of Alabama · 1874