3 So. 749 (Ala. 1888), Amos v. State

Citation:3 So. 749, 83 Ala. 1
Opinion Judge:STONE, C.J.
Party Name:AMOS ET AL. v. STATE.
Attorney:Dobbs & Howard, for appellants. Thos. N. McClellan, Atty. Gen., for appellee.
Case Date:February 21, 1888
Court:Supreme Court of Alabama
 
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Page 749

3 So. 749 (Ala. 1888)

83 Ala. 1

AMOS ET AL.

v.

STATE.

Supreme Court of Alabama

February 21, 1888

Appeal from circuit court, De Kalb county; JOHN B. TALLY, Judge.

The indictment in this case charged that Rube Amos, Bud Amos, and Tobe Amos, "unlawfully, and with malice aforethought, killed William Fuller, by striking him with an axe;" or, as alleged in the second count, "by stabbing him with a knife;" or, as in the third count, "by striking him with an axe, and cutting and stabbing him with knives." Bud and Tobe Amos, being duly arraigned, and on trial together, applied for a change of venue, and excepted to the refusal of the court to grant it; after which they pleaded not guilty, and were tried on issue joined on that plea, being convicted of murder in the second degree, and sentenced to the penitentiary for 20 years. On the trial, as appears from the bill of exceptions, it was proved that the homicide was committed on the evening of February 3, 1886, in "an old outhouse on the mountain, about fifty yards from the public road," where the deceased had gone in company with a lewd woman, Elizabeth Rigeby by name, whose testimony was as follows: "The day was dark and rainy, and she and Fuller were sitting by the fire late in the evening. They had whisky, and had been drinking, and Fuller was singing 'The Drunkard's Doom.' The defendants, with Rube Amos, came rushing into the house, and said, 'Here he is, G___d___ him; kill him.' Fuller then jumped up, and Tobe Amos struck him on the shoulder, and they all got him down; Tobe Amos got down over him, and cut him several times in the arm and leg; Bud Amos struck him in the head with a short-handled axe; and Rube Amos held one of his arms, and cut him with a knife on the leg. Fuller had a gun in his hand when he arose, but Rube Amos got the gun away from him, and shot at witness, setting her clothes on fire. Fuller said, 'I am a dead man;' and Bud Amos said, 'You are not, but will be soon;' and struck him again with the pole of the axe." The state introduced evidence, also, tending to show that the defendants went to the house by preconcert, for the purpose of driving Fuller and the woman out of the house, where there were some beds and other things which belonged to Rube Amos, or his deceased wife. Fuller died of his wounds in a few hours, and the defendants were arrested on the next day, charged with murder. J. J. Ferguson and Elijah Kidd...

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