Waller v. State
Supreme Court of Alabama
From the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael. The defendant in this case, Jordan Waller, a freedman, was indicted for the murder of Dave Market, another freedman, by shooting him with a gun; was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of eight years.
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From the Circuit Court of Bullock. Tried before the Hon. Jesse M. Carmichael. The defendant in this case, Jordan Waller, a freedman, was indicted for the murder of Dave Market, another freedman, by shooting him with a gun; was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of eight years. The evidence adduced- on the trial, as stated in the bill of exceptions, showed that the difficulty between the parties occurred one night in December, 1889, about nine o’clock, at the house of Fannie Fox-hall and Sarah Jane Kemp, two women who were related to…
1Opinion of the CourtClopton, J.
It is not contended that the charge given by the court is legally incorrect. • The only objections Urged are, that there is no evidence on which to base the charge, and that it is involved. We have repeatedly held, that giving an abstract charge, or one too general, obscure or ambiguous, if legally correct, will not reverse the judgment, unless it appears the jury were thereby misled. But we do not regard the charge as obnoxious to the objections urged. The defendant himself testified, that he was approaching the house in which deceased was, and when about sixty feet from the door he heard…
2Cases cited2 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Tesney v. StateSupreme Court of Alabama · 1884
3Cited by5 opinions
- Wilkins v. StateSupreme Court of Alabama · 1893
- Nabors v. StateSupreme Court of Alabama · 1898
- Terry v. StateAlabama Court of Appeals · 1920
- Brandt v. MeadeArizona Supreme Court · 1915
- Wingate v. StateAlabama Court of Appeals · 1911