Legal Opinion

Talbert v. State

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 23 opinions

Appeal from the Circuit Court of Marengo. Tried before the Hon. A. H. Alston. Tbe appellant in this case, Will Talbert, was indicted and tried for the murder of Henry Hall, was convicted of murder in the first degree, and sentenced to be hanged. There Avas no conflict in the evidence as to the defendant having killed the deceased by striking him in the head Avith an axe.

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Appeal from the Circuit Court of Marengo. Tried before the Hon. A. H. Alston. Tbe appellant in this case, Will Talbert, was indicted and tried for the murder of Henry Hall, was convicted of murder in the first degree, and sentenced to be hanged. There Avas no conflict in the evidence as to the defendant having killed the deceased by striking him in the head Avith an axe. During the examination of two of the witnesses for the State, each of them testified that the defendant, without any threats being made, or reward or inducements offered, told the circumstances under which he killed the…

1Opinion of the CourtDowdell, J.

The predicate for the admission of evidence as to confessions made by the defendant was sufficiently shown. It was made to appear very clearly that the confessions testified to were voluntary. The objection to this evidence was general and the court committed no error in overruling the same.

The defendant requested in- writing' a number of charges to the jury, all of which were given except the one marked “A.” This charge was faulty in several respects. Under the issue of insanity the burden of proof is on the defendant to clearly prove to the reasonable satisfaction of the jury such insanity.…

2Cases cited2 opinions

  1. Ex parte RobersonSupreme Court of Alabama · 1898
  2. Porter v. StateSupreme Court of Alabama · 1902

3Cited by23 opinions

  1. Grammer v. StateSupreme Court of Alabama · 1940
  2. Thompson v. StateCourt of Criminal Appeals of Alabama · 1988
  3. Shirley v. StateSupreme Court of Alabama · 1906
  4. Bass v. StateCourt of Criminal Appeals of Alabama · 1991
  5. Palmer v. StateSupreme Court of Alabama · 1910

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