Fowler v. State
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Frank Fowler was convicted of murder in the second degree, and appeals.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Frank Fowler was convicted of murder in the second degree, and appeals. The following charges were refused to the defendant: “(1) The court charges the jury that the defendant cannot be convicted of murder in the second degree or manslaughter in the first degree unless the defendant had the intention to kill Missouri Fowler, or intended to do an act of violence from which ordinarily, in the usual course of events, death or great bodily harm may be the consequence. (2) The court charges the jury that the defendant cannot be…
1DissentDenson, J.
The facts disclosed by the present record do not make a case materially different from the case as presented by the record on the former appeal. The general statement of facts in the opin*8ion of the Chief Justice is correct, with the exception that to it should be added that there is testimony tending to show that finger marks were found on the neck of the deceased and that her neck appeared to be swollen. No one was present when death came to the deceased, except the defendant, her husband; he and she occupying the same bed. According to the husband’s testimony he was asleep when his wife…
2Cases cited16 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Brown v. StateSupreme Court of Alabama · 1895
- Rogers v. StateSupreme Court of Alabama · 1897
- State v. HolmeSupreme Court of Missouri · 1873
- Head v. StateMississippi Supreme Court · 1870
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