Clayton v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. . Frank Clayton was convicted of murder in the first degree, and he appeals. The facts sufficiently appear from the opinion.
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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. . Frank Clayton was convicted of murder in the first degree, and he appeals. The facts sufficiently appear from the opinion. Charge 15 is as follows: “The court charges the jury that in a criminal case evidence of a defendant’s previous good character is admissible for him, not only where a doubt exists on the other proof, but even to generate a doubt of the guilt of defendant” The distance of the hack from the sidewalk and whether or not one would have to step off the sidewalk to get into the hack was improperly admitted in…
1Opinion of the CourtMayfield, J.
The defendant was convicted of murder in the killing of Alexander Marshall. The de*15ceased was a hack, or cab, driver in the city of Mobile. The defendant, or some one for him, telephoned for a hack or cab. The deceased responded, and defendant entered the vehicle to be carried to his destination. The deceased remarked, “You understand the fare is 50 cents.” The defendant answered, No, they said over there that the price was 25 cents.” From this a general quarrel and fight ensued, in which both parties used pistols, and the driver of the vehicle was killed and the defendant wounded. The…
2Cases cited1 opinion
- Miller v. StateSupreme Court of Alabama · 1894
3Cited by2 opinions
- Stephens v. StateSupreme Court of Alabama · 1947
- State v. DooleyWashington Supreme Court · 1925