Legal Opinion

Kennedy v. State

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 31 opinions

From: the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. The defendant in this case, Charles Kennedy, was indicted for the murder of William E. Perry, by shooting him with a pistol; was convicted of murder in the first degree, and sentenced to the penitentiary for life. The killing occurred on a railroad train running from Mobile to Montgomery, on which both the defendant and the deceased were travelling.

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From: the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. The defendant in this case, Charles Kennedy, was indicted for the murder of William E. Perry, by shooting him with a pistol; was convicted of murder in the first degree, and sentenced to the penitentiary for life. The killing occurred on a railroad train running from Mobile to Montgomery, on which both the defendant and the deceased were travelling. The deceased and a companion were drinking freely, and had a bottle of whiskey, which they offered to several persons in the car, and among them the defendant, who…

1Opinion of the CourtSomebyille, J.

The defendant is indicted for shooting and killing one Perry with a pistol, while travelling on a train of cars between Mobile and Montgomery. He claimed that the deceased had used insulting words towards him, and had assaulted him, inflicting a slight wound on his *330neck. The witness Elliott, upon the defendant’s complaining that his throat hurt him just after the killing, made examination of the place in the night time, using for this purpose a lantern. He was asked by the solicitor, what he was accustomed “to use the lantern for”; to which he replied, that he used it “for all purposes — to…

2Cases cited8 opinions

  1. Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
  2. Gunter v. StateSupreme Court of Alabama · 1887
  3. Stewart v. StateSupreme Court of Alabama · 1885
  4. Wills v. StateSupreme Court of Alabama · 1883
  5. Burns v. StateSupreme Court of Alabama · 1873

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3Cited by31 opinions

  1. Smith v. StateSupreme Court of Alabama · 1913
  2. Weaver v. StateCourt of Criminal Appeals of Alabama · 1995
  3. Brazell v. StateCourt of Criminal Appeals of Alabama · 1979
  4. Banner Welders, Inc. v. KnightonSupreme Court of Alabama · 1982
  5. Kirby v. StateSupreme Court of Alabama · 1889

26 more not listed; retrieve them via the Exa API.

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