Jackson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. Osceola Kyle. The appellant in this case, Horace Jackson, was indicted with several other persons, for the murder of one Alex Herman. The indictment contained two counts. In the first count the defendants were charged with the murder of Alex Herman by hanging him with a rope; and in the second count they Avere charged with the murder of said Alex Herman by shooting him with a gun.
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. Osceola Kyle. The appellant in this case, Horace Jackson, was indicted with several other persons, for the murder of one Alex Herman. The indictment contained two counts. In the first count the defendants were charged with the murder of Alex Herman by hanging him with a rope; and in the second count they Avere charged with the murder of said Alex Herman by shooting him with a gun. The defendant was alone arrested and placed on trial, Avas convicted of murder in the second degree and sentenced to the penitentiary for ten years.…
1Opinion of the CourtDowdell, J.
It was proper for the court in its general charge to instruct the jury on the law of murder in the first and second degrees, and consequently no error was committed in so doing. — Williams v. State, 130 Ala. 112; Gafford v. State, 125 Ala. 8; Brown v. State, 109 Ala. 70.
There was no1 error in .the court’s explaining the written charges given at the request of the defendant as to the meaning of “reasonable doubt.” This was not a violation of the statute which requires that charges moved for in writing by either party must be given or refused in the. terms in which they are written. — § 3328,…
2Cases cited21 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Hornsby v. StateSupreme Court of Alabama · 1891
- Brown v. StateSupreme Court of Alabama · 1895
- Burton v. StateSupreme Court of Alabama · 1896
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Williams v. StateSupreme Court of Alabama · 1906
- McCoy v. StateSupreme Court of Alabama · 1936
- Frost v. StateSupreme Court of Alabama · 1932
- Phillips v. StateSupreme Court of Alabama · 1909
- Carpenter v. StateSupreme Court of Alabama · 1915
14 more not listed; retrieve them via the Exa API.