Howard v. State
Supreme Court of Alabama
Murder. Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. J. Finley Howard was convicted of murder in tbe second degree, and be appeals. The bare presumption of sanity is not sufficient to support a conviction in the face of competent and uncontradicted evidence to the contrary. — Utah v. Brown, 24 L. R. A, 545; Harris v. N. G. & St. L. Ry., 153 Ala. 139; Central of Qa. Ry.
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Murder. Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. J. Finley Howard was convicted of murder in tbe second degree, and be appeals. The bare presumption of sanity is not sufficient to support a conviction in the face of competent and uncontradicted evidence to the contrary. — Utah v. Brown, 24 L. R. A, 545; Harris v. N. G. & St. L. Ry., 153 Ala. 139; Central of Qa. Ry. Go. v. Foshee, 125 Ala. 109. It is therefore insisted that the court should have instructed the jury to acquit the defendant. The court erred in limiting the evidence to the question of insanity. — Ames…
1Opinion of the CourtSomerville, J.
The defendant was tried on an indictment charging bim with the unlawful killing of George Bagley, with malice aforethought. He pleaded, “Not guilty,” and also, “Not guilty by reason of insanity,” and upon the issues thus made and joined the defendant was found guilty of murder in the second degree, and sentenced for a term of 15 years.
1. The defendant requested in writing the general affirmative charge that, if the jury believed the evidence in the case, they should find the defendant not guilty. The charge was refused, and error is imputed on the theory that there was no evidence as to the…
2Cases cited8 opinions
- Roberts v. StateSupreme Court of Alabama · 1880
- Braham v. StateSupreme Court of Alabama · 1904
- McAllister v. StateSupreme Court of Alabama · 1850
- McCurry v. HooperSupreme Court of Alabama · 1848
- Martin v. StateSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Blue v. StateSupreme Court of Alabama · 1944
- Boyle v. StateSupreme Court of Alabama · 1934
- Barbee v. StateCourt of Criminal Appeals of Alabama · 1981
- Brothers v. StateSupreme Court of Alabama · 1938
30 more not listed; retrieve them via the Exa API.