Felix v. State
Supreme Court of Alabama
Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. 1. The general rule is, that words are not sufficient to reduce a killing to manslaughter. But to this, there are exceptions, and in the prisoner’s case, the jury from the whole evidence, should have been permitted by the court below to say whether thé prisoner’s case furnished one of the exceptions. — United States v. Meltberger, 8 Wash.
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Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. 1. The general rule is, that words are not sufficient to reduce a killing to manslaughter. But to this, there are exceptions, and in the prisoner’s case, the jury from the whole evidence, should have been permitted by the court below to say whether thé prisoner’s case furnished one of the exceptions. — United States v. Meltberger, 8 Wash. C. C. Rep. 515; Regina v. Fisher, S C. & Payne, 182; Rex v. Rodgers, Roscoe’s Ev., 683; Archb. 323.-5; 1 Russ, on Cr. 458-87; Foster’s Crown Law, 295; Wharton’s Cr. Law, 237-8-43;…
1Opinion of the CourtChilton, J.
The prisoner was indicted in the City Court of Mobile for the murder of one Francis Saturnina, otherwise called Spanish Frank, a free negro, and was found guilty by the verdict of the jury, and sentenced by the court to be hanged; but, as upon the trial, novel and difficult points arose, which the judge thought should be refered to this court, the sentence of death was suspended until the 10th day of February next, to await the decision of this court, to be had in the mean time.
It appears that at a ball for colored persons given in Mobile, *722a short time before the indictment was found, the…
2Cases cited1 opinion
- Pierson v. StateSupreme Court of Alabama · 1847
3Cited by43 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Caldwell v. StateSupreme Court of Alabama · 1919
- Dupree v. StateSupreme Court of Alabama · 1859
- Jarvis v. StateSupreme Court of Alabama · 1902
- McGehee v. StateSupreme Court of Alabama · 1875
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