Turner v. State
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Heard before Hon. O. P. Almon. Jim Turner was convicted of murder in the second degree, and appeals. The following charges were refused to the defendant: “(3) Gentlemen of the jury, I charge you that there is no evidence of a conspiracy on the part of defendant and Lottie Turner and Fancy Anderson to kill Enos Johnson.
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Appeal from Lauderdale Circuit Court. Heard before Hon. O. P. Almon. Jim Turner was convicted of murder in the second degree, and appeals. The following charges were refused to the defendant: “(3) Gentlemen of the jury, I charge you that there is no evidence of a conspiracy on the part of defendant and Lottie Turner and Fancy Anderson to kill Enos Johnson. (4) Manslaughter in the first degree consists in voluntarily and unlawfully depriving a human being of life; and should you believe from the evidence that the defendant did voluntarily and unlawfully contribute to the death of Enos Johnson,…
1Opinion of the CourtSimpson, J.
The appellant was convicted of the crime of murder in the second degree. While it was error to refuse to allow the defendant to challenge the juror G. S. Rhodes for cause, because of his having been on the jury which had tried another person jointly indicted with the defendant, yet it was error without injury, as the record shows that the defendant challenged said juror peremptorily, and that, when the jnry Avas formed the defendant had not exhausted his right to' peremptory challenges.
The state having examined all of its witnesses except one, who had not arrived, it was not error for the…
2Cases cited4 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Dorough v. Harrington & SonsSupreme Court of Alabama · 1905
- Jefferson v. StateSupreme Court of Alabama · 1895
- Southern Coal & Coke Co. v. SwinneySupreme Court of Alabama · 1907
3Cited by17 opinions
- Bethea v. Springhill Memorial Hosp.Supreme Court of Alabama · 2002
- Doster v. StateCourt of Criminal Appeals of Alabama · 2010
- Sharifi v. StateCourt of Criminal Appeals of Alabama · 2008
- General Motors Corp. v. JerniganSupreme Court of Alabama · 2003
- Snyder v. StateCourt of Criminal Appeals of Alabama · 2003
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