Pate v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before the ITon. S. E. Greene. The defendant in this case, Bale Pate, a negro, was indicted for the murder of John Orr, another negro, by shooting him with a pistol; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years.
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From the Criminal Court of Jefferson. Tried before the ITon. S. E. Greene. The defendant in this case, Bale Pate, a negro, was indicted for the murder of John Orr, another negro, by shooting him with a pistol; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years. On the trial, the evidence showed that the dead body of the deceased was found lying on one of the streets of Birmingham, on Sunday morning, March loth, 1891, with a wound in his temple made by a pistol bullet. ' William Robinson, the principal witness for the prosecution,…
1Opinion of the CourtColeman, J.
— Evidence of threats made by defendant against the deceased, previous to the killing, was admissible against him. The weight to be given such evidence depends, more or less, on the character of the threats, the length of time intervening, and the attending circumstances.— Griffin v. State, 90 Ala. 599; Long v. State, 86 Ala. 43; Barnes v. State, 88 Ala. 204; Evans v. State, 62 Ala. 6.
It was competent to show that unlawful intimate relations existed between the defendant and the wife of the deceased, and this could be shown by the acts of the parties; and so far as the defendant is concerned,…
2Cases cited12 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- Jordan v. StateSupreme Court of Alabama · 1886
- Griffin v. StateSupreme Court of Alabama · 1891
- Marler v. StateSupreme Court of Alabama · 1880
- Hall v. StateSupreme Court of Alabama · 1867
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3Cited by50 opinions
- Leach v. StateAlabama Court of Appeals · 1944
- Johnson v. StateSupreme Court of Alabama · 1893
- Prince v. StateSupreme Court of Alabama · 1893
- Hurst v. StateCourt of Criminal Appeals of Alabama · 1974
- Maddox v. StateSupreme Court of Alabama · 1909
45 more not listed; retrieve them via the Exa API.