Edgar v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. C. E. Moulton. The facts are sufficiently set out in the opinion. Counsel for Edgar call the attention of the court to the case in 34th Ala., pages 43 and 48. The court charged the jury, “ that if they believed the evidence, they must find a verdict for the plaintiff, (page 48); an affirmative charge upon the effect of the entire evidence.”
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Appeal from the City Court of Mobile. Tried before the Hon. C. E. Moulton. The facts are sufficiently set out in the opinion. Counsel for Edgar call the attention of the court to the case in 34th Ala., pages 43 and 48. The court charged the jury, “ that if they believed the evidence, they must find a verdict for the plaintiff, (page 48); an affirmative charge upon the effect of the entire evidence.” There is nothing in the first part of the charge of which the prisoner can complain. It gives him the full benefit of the former acquittal of murder in the 1st degree. That the verdict of guilty…
1Opinion of the CourtPeck, C. J.
This ease was in this court at the last term, and the conviction and sentence of the court below were reversed, and the case remanded for a new trial.
Another trial has been had, and the appellant convicted of murder in the second degree, and sentenced to be confined at hard labor, in the penitentiary, for the period of fifteen years.
On the trial, a bill of exceptions was signed and sealed, at the instance of the accused, and he has again brought the case to this court by an appeal, and he now here assigns the following errors to the proceedings, conviction and sentence, in the court below;…
2Cited by11 opinions
- Gafford v. StateSupreme Court of Alabama · 1899
- Whittle v. StateSupreme Court of Alabama · 1921
- Beasley v. StateSupreme Court of Alabama · 1874
- Knight v. ClementsSupreme Court of Alabama · 1871
- City of Atchison v. JansenSupreme Court of Arkansas · 1879
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