Justice v. State
Supreme Court of Alabama
Erom the Circuit Court of Geneva. . Tried before the Hon. Jesse M. Carmichael. The defendants in this case, James J. Justice and Henry W. Elliott, were jointly indicted and tried for the murder of Judge Williams, by striking him with a fence-rail, were each convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years. The opinion states the points reserved by the bill of exceptions, and the material facts connected with them.
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Erom the Circuit Court of Geneva. . Tried before the Hon. Jesse M. Carmichael. The defendants in this case, James J. Justice and Henry W. Elliott, were jointly indicted and tried for the murder of Judge Williams, by striking him with a fence-rail, were each convicted of murder in the second degree, and sentenced to the penitentiary for the term of ten years. The opinion states the points reserved by the bill of exceptions, and the material facts connected with them. (1.) The defendants were entitled to the general charge on the evidence, because the venue was not proved. — Boiodon v. State,,…
1Opinion of the CourtColeman, J.
The defendants were convicted of murder in the second degree. The second charge requested by the defendants was, “that if the jury believe the evidence in this case, they must find the defendants not guilty.” The bill of exceptions purports to set out all the evidence. We have looked carefully through the bill of exceptions, and although there is a mass of evidence set out, the venue of the offense is no where proven, nor any evidence from which the venue could be legally inferred. When this is the condition of the evidence, the defendant may take advantage of the omission by a request for a…
2Cases cited6 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- Hubbard v. StateSupreme Court of Alabama · 1882
- Kilgore v. StateSupreme Court of Alabama · 1883
- Hammil v. StateSupreme Court of Alabama · 1891
- Childs v. StateSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Stone v. StateSupreme Court of Alabama · 1894
- Husch v. StateSupreme Court of Alabama · 1924
- Thomas v. StateSupreme Court of Alabama · 1951
- Parker v. StateSupreme Court of Alabama · 1909
- Marshall v. StateSupreme Court of Alabama · 1929
27 more not listed; retrieve them via the Exa API.