Mason v. State
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Toilev Mason was convicted of murder in the first degree, and he appeals. The following charges were refused to the defendant: (2) '“I charge you that under the evidence in this case you should not convict the defendant of murder in the first degree.” (4) “I charge you that under the evidence in this case the difficulty in which the deceased lost his life was provoked by the deceased.”
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Toilev Mason was convicted of murder in the first degree, and he appeals. The following charges were refused to the defendant: (2) '“I charge you that under the evidence in this case you should not convict the defendant of murder in the first degree.” (4) “I charge you that under the evidence in this case the difficulty in which the deceased lost his life was provoked by the deceased.” (5) “I charge you that the undisputed evidence in this case shows that William T. Meigs was not free from fault in bringing on the difficulty in…
1Opinion of the CourtMayfield, J.
Defendant was indicted, tried, and convicted of murder, and sentenced to death, at a special term of the circuit court of Bibb county, which term was ordered by the judge of the circuit court, under section 3249 of the Code. The order for the special term, and the drawing and organizing of the grand and petit juries, seems to have been in strict accordance with the provisions of the statute — all of which orders were properly entered upon the minutes of the court. The judge, in open court, drew from the jury bos the names of a sufficient number to constitute the juries for such term, and…
2Cases cited1 opinion
- Holland v. StateSupreme Court of Alabama · 1909
3Cited by1 opinion
- Tennant v. StateAlabama Court of Appeals · 1934