Pierson v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas, allowed in vacation by one of the Judges of the Supreme Court. The prisoner was indicted for the murder of one Rich, and tried and convicted at the spring term, 1846. At the term when the indictment was found, that is, at the fall term, 1847, and before the grand jury had returned any bills of indictment, and in the absence of any evidence whatever, that the grand jury had acted on any criminal matter, the prisoner, by his…
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Writ of Error to the Circuit Court of Dallas, allowed in vacation by one of the Judges of the Supreme Court. The prisoner was indicted for the murder of one Rich, and tried and convicted at the spring term, 1846. At the term when the indictment was found, that is, at the fall term, 1847, and before the grand jury had returned any bills of indictment, and in the absence of any evidence whatever, that the grand jury had acted on any criminal matter, the prisoner, by his counsel, stated that he was confined in jail, on a charge for the murder of one Rich, and that his case would likely be before…
1Opinion of the CourtGoldthwaite, J.
l.The three first of the charges which the circuit judge refused to give at the instance of the prisoner, do not seem to have been called for by any evidence before the jury. It will be seen by reference to the bill of exceptions, there was no proof of any assault by the prisoner, which justified or excused him (in the legal sense of these terms) in taking life in self defence, and we must presume the proper instructions were given as to the effect which the conduct of the deceased might have had upon the question of malice and heat of blood. So too,, it will be seen, there is nothing from…
2Cases cited1 opinion
- State v. JonesSupreme Court of Alabama · 1843
3Cited by15 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- The People v. BrunerIllinois Supreme Court · 1931
- Thompson v. StateSupreme Court of Alabama · 1894
- State v. BurpeeSupreme Court of Vermont · 1892
- Felix v. StateSupreme Court of Alabama · 1851
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