Legal Opinion

Davis v. State

Alabama Court of Appeals

Decided June 27, 1913PublishedCited by 31 opinions

Appeal from Selma City Court. Heard before Hox. Armstead Brown. Yancey Davis and another were convicted of manslaughter in the first degree, and they appeal. The original verdict returned found defendant guilty of manslaughter without finding the degree, and on being recalled the jury stated to the court ivhat the jury found, and this ivas inserted.

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Appeal from Selma City Court. Heard before Hox. Armstead Brown. Yancey Davis and another were convicted of manslaughter in the first degree, and they appeal. The original verdict returned found defendant guilty of manslaughter without finding the degree, and on being recalled the jury stated to the court ivhat the jury found, and this ivas inserted. The following charges were refused to defendant: “(2) The court charges the jury that the only foundation for a verdict of guilty in this case is that the entire jury shall believe from the evidence beyond a reasonable doubt and to a moral…

1Opinion of the CourtThomas, J.

— In this case we reverse the order usually followed in the consideration of the points rais*153ed by tlie record and will here first deal with the last exception presented, since it raises a question of such a character that, should we reach a conclusion upon it in harmony with the contention of the defendants’ counsel, it will eliminate the necessity for the consideration of the other questions raised in that it will not only cause a reversal here of the judgment of conviction hut be decisive of the future disposition of the ease in the court below on another trial.

The defendants (father and…

2Cases cited59 opinions

  1. Hopt v. UtahSupreme Court of the United States · 1887
  2. Noles v. StateSupreme Court of Alabama · 1854
  3. Gilmore v. StateSupreme Court of Alabama · 1892
  4. Way v. StateSupreme Court of Alabama · 1908
  5. Prince v. StateSupreme Court of Alabama · 1893

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

3Cited by31 opinions

  1. Wilson v. StateSupreme Court of Alabama · 1942
  2. Head v. StateAlabama Court of Appeals · 1950
  3. Brown v. StateAlabama Court of Appeals · 1946
  4. Odom v. StateSupreme Court of Alabama · 1950
  5. People v. SchwarzCalifornia Court of Appeal · 1926

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

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