Page images
PDF
EPUB

Tweedy ats. Gordon, 74 Ala. 232..

503

Underhill v. Calhoun, 63 Ala. 216.....

480

U. S. Savings & Loan Co. ats Bank of Florence, 104 Ala. 299..
Urquhart ats. Guilmartin, 82 Ala. 571.

205

337

[blocks in formation]

Ward v. State, 78 Ala. 455, 457.

Ward v. Ward, 108 Ala. 278..

Ware, Murphy & Co. v. Morgan & Duncan, 67 Ala. 461.

Warren ats. Lawson, 89 Ala. 584..

500

.364, 398

84

104

Warren v. Liddell, 110 Ala. 232..

99

Washington v. State, 81 Ala. 36.

9

Watson ats. E. T. V. & G. R. R. Co., 90 Ala. 41.

262

Watts v. Sayre, 76 Ala. 397..

219

Weatherford v. Weatherford, 20 Ala. 548.

637

Weatherly ats. Capitol City Water Co., 108 Ala. 412.

[blocks in formation]

Western Ry of Ala. v. Ala. G. T. R. R. Co., 96 Ala. 272....136,

141

Westinghouse Machine Co. v. Wilkinson, 79 Ala. 312...

[blocks in formation]

Wilkinson ats. Westinghouse Mac. Co., 79 Ala. 312.

[blocks in formation]

Williams v. Spraggins, Buck & Co., 102 Ala. 424.

164

Williams v. State, 54 Ala. 133.

637

Williams v. Woodward Iron Co., 106 Ala. 254.

[blocks in formation]

Wills Valley Min. & Mfg. Co. ats. Etowah Min. Co., 106 Ala. 492.

[blocks in formation]

Winter Iron Works ats. Pearce, 32 Ala. 68..
Wisdom v. Reeves, 110 Ala. 418, 431...
Witherow ats. Railway Co., 82 Ala. 197.
Wolf ats. Loeb, 116 Ala 273..

Wood ats. Donegan, 49 Ala. 242.

Wood ats. Holly Mfg Co., 100 Ala. 351.

Wood v. Lake, 62 Ala. 489..

Wood ats. Sumner, 67 Ala. 139.

219

284, 364, 635 .136, 152

300

544

98

217

98

Woodrow v. Hawving, 105 Ala. 240.
Woodruff ats. Jemison, 34 Ala. 143.

.66, 463

426

Woodstosk Iron Co. v. Fullenwider, 87 Ala. 584.
Woodward Iron Co. v. Herndon, 114 Ala. 215..
Woodward Iron Co. ats. Williams, 106 Ala. 254.
Worthington ats. Corpening, 99 Ala. 544..
Wren v. State, 70 Ala. 1....

896

619

71

634

241

Wright ats. City Council of Montgomery, 72 Ala. 411.
Wright v. Swanson, 46 Ala. 708..

593

259

Young ats. Bonner, 68 Ala. 35.

285

Young ats. Piedmont & A. L. I. Co., 58 Ala. 476.

448

Young ats. Queen Ins. Co., 86 Ala. 424.

446

Young ats. Stocks, 67 Ala. 341..

624

CASES

IN THE

SUPREME COURT OF ALABAMA.

SPECIAL TERM, 1898.

Martin v. The State.

Indictment for Murder.

1. Former statements of witness not admissible to corroborate him, until impeached.-Where the defendant, laying a predicate to impeach a state witness, asked whether witness had made a certain statement contradictory to what he testified on the stand, and the witness made a simple denial of such statement, not going into the supposed conversation, it was error to allow the state to prove by the witness in rebuttal what he had said in such conversation.

2. Formed design, not the equivalent of deliberation, &c.-It is error
to instruct the jury that "formed design" includes all the ele-
ments of murder in the first degree.

3. Insanity; burden of proof; statute constitutional.-Our statute
imposing upon the defendant the burden of proving a plea of
insanity, does not invade any of his constitutional rights.
Charges requiring an acquittal if the jury have a reasonable
doubt as to whether the defendant was insane at the time
the offense was committed, are properly refused.
J., dissenting.)

(COLEMAN,

4. Sudden passion and malice may co-exist.-Homicide may be committed in the heat of passion suddenly aroused by a blow, and yet be done maliciously; suddenly aroused passion and malice may co-exist, and both cause the act; when that is the case, the homicide, otherwise indefensible murder, is not reduced to manslaughter by reason of the passion.

5. Manslaughter, correctly defined.-Charges instructing the jury that "if the killing was the consequence of passion suddenly aroused by a blow given," or "if they have a reasonable doubt.

[blocks in formation]

[Martin v. The State.]

as to whether the killing was a result of passion suddenly aroused by a blow from the deceased," they cannot find the defendant guilty of murder, excluded the existence of malice, correctly defined manslaughter, and should have been given.

APPEAL from Gadsden City Court.
Tried before Hon. JOHN H. DISQUE.

The appellant was indicted and tried for the murder of William Alexander, was convicted of murder in the first degree, and sentenced to the penitentiary for life. The defendant pleaded "not guilty" and "not guilty by reason of insanity." The evidence for the State tended to show that the defendant and deceased had some difficulty about a monkey wrench; that the deceased was seen running with the monkey wrench in his hand, and the defendant pursuing him with an ax; that after running some seventy-five yards the deceased turned to the left and fell or dropped to his knees, when defendant cut him in the back with the ax, and struck a second blow on the head, when the deceased fell to the ground, and defendant struck four times after he was on the ground, from which deceased died where he fell; that the defendant was heard to say "here you lie, God damn you;" that deceased struck defendant on the head with the monkey wrench about the time of the first stroke with the ax, and deceased struck a second time as he fell to the ground. The evidence for defendant tended to show that after the killing defendant was found to have two wounds, one on the head, and one in the back, such as could be inflicted with a monkey wrench; that the wound in the back could have been inflicted only from the rear. There was evidence touching the issue of insanity. Defendant's physician testified that he was of a very weak mind, not a maniac, but demented; that he was capable of doing business, and in his opinion knew right from wrong. There was other evidence tending to show that he was subject to spells, at which times he was incapable of distinguishing between right and wrong, and that when his passions were aroused he seemed to lose his mind entirely. The State's evidence tended to show he knew right from wrong, and was employed to perform work and labor as other men, &c.

The court refused the following charges requested by defendant: (1.) "The court charges the jury that in

« PreviousContinue »