Wilkins v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the HoN. O. J. Semmes. The appellant was indicted and tried for the murder of Andrew Eichom, by stabbing him with a knife; and, was convicted of murder in the second degree, at the November Term, 1892. It was shown by witnesses for the State, that the deceased was at his place of business on the South side of Conti street, Mobile, on the 7th of August, 1891, when the defendant, accompanied by one Worley and one Murdock, came along;…
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From the City Court of Mobile. Tried before the HoN. O. J. Semmes. The appellant was indicted and tried for the murder of Andrew Eichom, by stabbing him with a knife; and, was convicted of murder in the second degree, at the November Term, 1892. It was shown by witnesses for the State, that the deceased was at his place of business on the South side of Conti street, Mobile, on the 7th of August, 1891, when the defendant, accompanied by one Worley and one Murdock, came along; that defendant beckoned to deceased, who put down his pen, and came to the door ; that the deceased was in his…
1Opinion of the CourtHaralson, J.
There were ten charges given in writing, at the instance of the State, to the giving of each of which the defendant excepted, and assigns as error. These and one other assignment of error, arising on the admission of' evidence, raise the questions we are to decide. We consider the charges according to their number, and grouped as far as practicable, as the counsel for defendant has presented them in argument.
I. Charge No. 1 is a correct statement of the familiar principle of the presumption of malice, which, in cases of homicide, arises from the use of a deadly weapon, declaring that the…
2Cases cited20 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Mitchell v. StateSupreme Court of Alabama · 1877
- Gibson v. StateSupreme Court of Alabama · 1889
- DeArman v. StateSupreme Court of Alabama · 1882
- Tesney v. StateSupreme Court of Alabama · 1884
15 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- McGhee v. StateSupreme Court of Alabama · 1912
- Compton v. StateSupreme Court of Alabama · 1895
- Mortimore v. StateWyoming Supreme Court · 1916
- Harkness v. StateSupreme Court of Alabama · 1900
28 more not listed; retrieve them via the Exa API.