Legal Opinion

Powell v. State

Alabama Court of Appeals

Decided December 19, 1912PublishedCited by 5 opinions

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

  1. Ferguson v. StateSupreme Court of Alabama · 1901
  2. Harkness v. StateSupreme Court of Alabama · 1900
  3. Pitts v. StateSupreme Court of Alabama · 1903
  4. Hill v. StateSupreme Court of Alabama · 1908
  5. Lundsford v. StateAlabama Court of Appeals · 1911

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

3Cited by5 opinions

  1. Whittle v. StateSupreme Court of Alabama · 1921
  2. Hardis v. StateAlabama Court of Appeals · 1939
  3. Kelsoe v. StateAlabama Court of Appeals · 1917
  4. Lanier v. StateAlabama Court of Appeals · 1967
  5. Welsh v. StateAlabama Court of Appeals · 1913

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