Bob v. State
Supreme Court of Alabama
FROM the Circuit Court of Barbour. Tried before the Hon. E. W. Pettus. The prisoner was indicted for the murder of Martha L. Yining, a white child between seven and eight years old, and was convicted.
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FROM the Circuit Court of Barbour. Tried before the Hon. E. W. Pettus. The prisoner was indicted for the murder of Martha L. Yining, a white child between seven and eight years old, and was convicted. The substance of the testimony adduced on the trial, as set out in the bill of exceptions, may be thus stated : The deceased was much attached to a slave woman named Dinah, and frequently followed her out into the field where the latter worked; and on the morning of the homicide had gone with her into a field, some three hundred yards from the house, where Dinah was clearing up new ground, while…
1Opinion of the CourtStone, J.
The indictment in this case contains a single countfor murder, which is framed according to the form given in the Code, p. 698, form No. 2. It wants many of the attributes of a common-law indictment. — See note to Arch. Grim. PI. (by Waterman), vol. 2, pp. 206-11, et seq.
Under the common law, felonious homicide has different degrees of guilt — to-wit: murder, and manslaughter. — Bishop on Or. Law, § 300. Murder is not always willful; neither is every willful killing, murder. — lb. The same thing may be affirmed of manslaughter. — lb.
Homicide per infortunium is felonious, if the killing…
2Cases cited6 opinions
- Ward v. StateSupreme Court of Alabama · 1856
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- Skains v. StateSupreme Court of Alabama · 1852
- Williams v. StateSupreme Court of Alabama · 1849
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3Cited by9 opinions
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- Johnson v. StateSupreme Court of Alabama · 1919
- Lewis v. StateSupreme Court of Alabama · 1857
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