Linnehan v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. The appellant, - John Linnehau, was indicted and tried for murder, was convicted of manslaughter in the second degree, and sentenced to hard labor for the county for one year.' The evidence introduced by the State tended to show that in Walker county, Alabama, before the finding of the indictment, the' defendant, John Linnehan, killed Allen Oakley by shooting him with a pistol, and then tended to…
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. The appellant, - John Linnehau, was indicted and tried for murder, was convicted of manslaughter in the second degree, and sentenced to hard labor for the county for one year.' The evidence introduced by the State tended to show that in Walker county, Alabama, before the finding of the indictment, the' defendant, John Linnehan, killed Allen Oakley by shooting him with a pistol, and then tended to show that the killing was done under the following circumstances : One George Fram was to have a trial before the Mayor…
1Opinion of the CourtDowdell, J.
The defendant was tried and convicted of manslaughter in the second degree, under an indictment for murder. Motion was made by the. defendant in arrest of judgment “on the ground that the defendant, as shown by the record in this case, was not on trial for manslaughter in the second degree.” This motion was overruled by the court, and we have no doubt of the correctness of the ruling. There is. nothing in the contention that a conviction for manslaughter in the second degree cannot be had under an indictment for murder. The charge in the indictment of the higher offense of murder includes the…
2Cases cited5 opinions
- Gunter v. StateSupreme Court of Alabama · 1895
- Henry v. StateSupreme Court of Alabama · 1859
- Burke v. StateSupreme Court of Alabama · 1882
- Bob v. StateSupreme Court of Alabama · 1856
- Hudson v. StateSupreme Court of Alabama · 1859
3Cited by37 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Pollard v. RogersSupreme Court of Alabama · 1937
- Montgomery v. StateAlabama Court of Appeals · 1920
- Patton v. StateSupreme Court of Alabama · 1916
- Armour & Co. v. CartledgeSupreme Court of Alabama · 1937
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