Perry v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before Hon. O. J. Semmes. The defendant in this case, Caroline Perry, a negro woman, was indicted for the murder of her daughter Mary, a child between ten and twelve years of age; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years. The defendant was blind, and was usually led about by the child.
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From the City Court of Mobile. Tried before Hon. O. J. Semmes. The defendant in this case, Caroline Perry, a negro woman, was indicted for the murder of her daughter Mary, a child between ten and twelve years of age; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years. The defendant was blind, and was usually led about by the child. The child was killed one morning in June, 1888; and an examination of its body before the coroner’s jury showed that its neck was broken, and it was badly bruised and beaten. The defendant, testifying as a…
1Opinion of the CourtSomerville, J.
-1. The witness Charlotte Patterson was shown to have been out of the State, and beyond *33the jurisdiction of the court at the time of the trial, being either permanently or indefinitely absent. This was sufficient reason to authorize the introduction of secondary evidence of what this witness had previously deposed to, on the preliminary investigation of the same case before a committing magistrate. In Lowe v. State, 86 Ala. 47, we held this principle to be applicable as well to criminal as to civil cases; and this rule has been since re-affirmed in South v. The State, decided at the present…
2Cases cited6 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Gunter v. StateSupreme Court of Alabama · 1887
- Lowe v. StateSupreme Court of Alabama · 1888
- Farrish v. StateSupreme Court of Alabama · 1879
- Kidd v. StateSupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Aaron v. StateSupreme Court of Alabama · 1960
- Ingles v. PeopleSupreme Court of Colorado · 1933
- Sage v. StateIndiana Supreme Court · 1891
- Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
33 more not listed; retrieve them via the Exa API.