Henderson v. State
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. From a conviction of manslaughter in the first degree, for tlie killing of Lonnie Yelveton, Ben Henderson appeals. Ben Henderson and Willis Henderson were jointly indicted, and severance was granted. Willis Henderson was the man who fired the fatal shot. The evidence for the-state tended to show that Ben Henderson, the father of Willis, participated in the difficulty just previous to-the shooting.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. From a conviction of manslaughter in the first degree, for tlie killing of Lonnie Yelveton, Ben Henderson appeals. Ben Henderson and Willis Henderson were jointly indicted, and severance was granted. Willis Henderson was the man who fired the fatal shot. The evidence for the-state tended to show that Ben Henderson, the father of Willis, participated in the difficulty just previous to-the shooting. The following oral charge of the court was excepted to: “The testimony in this case shows that defendant did not fire the shot that…
1Opinion of the CourtTyson, C. J.
That part of the oral charge to- which an exception was reserved was unobjectionable. It asserted a correct proposition of law, and was not abstract.
*3Tlie question of defendant’s guilt was one clearly for tlie determination of the jury. There was, therefore, no error in refusing the affirmative charge requested by defendant. The other charge refused to defendant ignored those tendencies of the testimony, upon which it was open to the jury to find that defendant aided, abetted, incited, or encouraged his son to fire the fatal shot; and if he did one or all of these things he was guilty, if his…
2Cases cited1 opinion
- Thomas v. StateSupreme Court of Alabama · 1900
3Cited by2 opinions
- Maloy v. StateAlabama Court of Appeals · 1913
- Stewart v. StateAlabama Court of Appeals · 1923