Legal Opinion

Hooks v. State

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 20 opinions

From the Circuit Court of Elmore. Tried before the Hon. N. D. Denson. The defendant in this case, Thornton Hooks, a freedman, was indicted for the murder of Willis Thorman, another freedman, by shooting him with a gun, or, as alleged in the the second count, by cutting him with a razor; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twelve years.

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From the Circuit Court of Elmore. Tried before the Hon. N. D. Denson. The defendant in this case, Thornton Hooks, a freedman, was indicted for the murder of Willis Thorman, another freedman, by shooting him with a gun, or, as alleged in the the second count, by cutting him with a razor; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twelve years. The difficulty between the parties, as the evidence adduced on the trial showed, commenced at the defendant’s house, or in his yard, early one morning in August, 1892, the deceased being badly cut with…

1Opinion of the CourtColeman, J.

The defendant was convicted of murder in the second degree. The exceptions reserved arise from a charge given at the request of the prosecution, and the refusal to charge as requested by the defendant. The charge given for the prosecution was as follows : “If the jury believe all the evidence, they can not acquit the defendant.” This charge instructs the jury, in effect, that if they believe the evidence, the defendant must be eonvicted of some offense. The defendant reserved an exception, fo the giving of this charge. The jury are hot required, under this charge, to believe the evidence…

2Cases cited1 opinion

  1. Green v. StateSupreme Court of Alabama · 1892

3Cited by20 opinions

  1. State ex rel. Attorney General v. TallySupreme Court of Alabama · 1893
  2. Jarvis v. StateSupreme Court of Alabama · 1902
  3. Reeves v. StateSupreme Court of Alabama · 1914
  4. Ragland v. StateSupreme Court of Alabama · 1899
  5. Brewer v. StateSupreme Court of Alabama · 1909

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