Powell v. State
Alabama Court of Appeals
Murder. Appeal from Pike Circuit Court. Heard before Hon. I-I. A. Peaeoe. Mark Powell was convicted of murder in the second degree and be appeals.
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Murder. Appeal from Pike Circuit Court. Heard before Hon. I-I. A. Peaeoe. Mark Powell was convicted of murder in the second degree and be appeals. There was no sufficient order fixing the number of jurors before the drawing of said jury. — Section 82, Acts 1909, p. 318; Morris v. The State, 146 Ala. 86; Allen v. The State, 145 Ala. 11; Brown v. State, 115 Ala. 8; Washington v. State, 81 Ala. 37. The evidence of declarations of defendant were improperly excluded as they were a part of the res gestae. — Cooper v. The State, 63 Ala. 80; Garrett v. The State, 76 Ala. 18; Seams v. The State, 84…
1Opinion of the CourtPelham, J.
The conditions surrounding and illustrating the scene of the tragedy and leading up to it as *19narrated by the witnesses show that the deceased, with some four or five other young men companions, met on a certain Sunday morning in April, 1912, at Harmony Church in Pike county. Entertaining a common purpose to engage in gambling at a game with dice commonly called “craps,” these young men, some of whom had already commenced to drink whiskey, repaired to the'woods about half a mile behind the church, hitched their horses, spread lap robes upon the ground, gathered round this improvised gambling…
2Cases cited8 opinions
- Ferguson v. StateSupreme Court of Alabama · 1901
- Harkness v. StateSupreme Court of Alabama · 1900
- Pitts v. StateSupreme Court of Alabama · 1903
- Hill v. StateSupreme Court of Alabama · 1908
- Lundsford v. StateAlabama Court of Appeals · 1911
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3Cited by5 opinions
- Whittle v. StateSupreme Court of Alabama · 1921
- Hardis v. StateAlabama Court of Appeals · 1939
- Kelsoe v. StateAlabama Court of Appeals · 1917
- Lanier v. StateAlabama Court of Appeals · 1967
- Welsh v. StateAlabama Court of Appeals · 1913