Ragland v. State
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. John H. Peach, Special Judge. Lester Ragland was convicted of murder in the first degree, and he appeals. The objections to evidence sufficiently appear from the opinion.
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Appeal from Colbert Circuit Court. Heard before Hon. John H. Peach, Special Judge. Lester Ragland was convicted of murder in the first degree, and he appeals. The objections to evidence sufficiently appear from the opinion. The oral charge of the court objected to is as follows: “(1) Malice may be implied from the use of a deadly weapon, provided the killing is shown to have been without legal justification or excuse, or unless the defendant has rebutted this presumption of malice by legal testimony.” (2) “If you believe from the evidence, beyond a reasonable doubt that the defendant…
1Opinion of the CourtSimpson, J.
The appellant was convicted of the crime of murder, and sentenced to imprisonment for life.
There was no error in allowing the witness William Gibson to testify as to the confession by the defendant that he had killed the deceased. A sufficient predicate was laid, and, besides, the defendant did not deny that he killed the deceased, but rested on self-defense.
There was no error in allowing proof of tracks near the place of the killing. All the surroundings and circumstances are admissible, and the question as to whether the tracks were those of the defendant was for the jury to decide. The…
2Cases cited8 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Thompson v. StateSupreme Court of Alabama · 1893
- Terry v. StateSupreme Court of Alabama · 1897
- Williams v. StateSupreme Court of Alabama · 1906
- Smith v. StateSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Aaron v. StateSupreme Court of Alabama · 1960
- Smith v. StateSupreme Court of Alabama · 1916
- Mitchell v. StateAlabama Court of Appeals · 1916
- Crenshaw v. StateSupreme Court of Alabama · 1932
- Sanders v. StateSupreme Court of Alabama · 1943
20 more not listed; retrieve them via the Exa API.