Talbert v. State
| Citation | 37 So. 78,140 Ala. 96 |
| Parties | TALBERT v. STATE. |
| Decision Date | 12 May 1904 |
| Court | Supreme Court of Alabama |
Appeal from Circuit Court, Marengo County; A. H. Alston, Judge.
Will Talbert was convicted of murder in the first degree, and appeals. Affirmed.
There was no conflict in the evidence as to the defendant having killed the deceased by striking him in the head with an axe. During the examination of two of the witnesses for the state each of them testified that the defendant, without any threats being made, or reward or inducements offered, told the circumstances under which he killed the deceased, and that he had made up his mind several days before the homicide to kill the deceased, because the latter was meddling with his business. The defendant moved to exclude this confession upon the ground that it was illegal and incompetent evidence. The court overruled the objection, and the defendant duly excepted. The defendant introduced testimony tending to show that for eight or nine years prior to the homicide he had acted very strangely, and had spells of insanity. The state introduced evidence in rebuttal, tending to show that the defendant was not insane. The defendant requested the court to give to the jury the following written charge, and separately excepted to the court's refusal to give the same as asked: "(a) If the defendant has satisfied the jury, from the evidence, that the defendant was insane, and subject to spells of insanity from time to time, for a period of eight or nine years prior and up to a short time before the killing, then the jury may presume that the defendant was insane when he killed the deceased, and the burden would be on the state to establish by the evidence, beyond a reasonable doubt, that the defendant was sane when he killed the deceased." In the judgment entry, after the recital of a verdict by the jury, there is no formal adjudgment of the defendant's guilt; but it was ordered by the court that the prisoner be returned to jail to await the sentence of the court. This order was made on November 20, 1903. On the succeeding day, November 21, 1903, the record shows that there was a judgment entry as to sentence as follows "It is therefore considered and adjudged by the court and it is the sentence of the court, that on Friday, the 8th day of January, 1904, the defendant, the said Willie Talbert be taken from the jail of Marengo county to the scaffold to be erected, and between the legal hours...
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Thompson v. State, 8 Div. 392
...that he was insane when he committed the homicide so as to shift the burden of proving his sanity to the State. Talbert v. State, 140 Ala. 96, 37 So. 78 (1904)." Carey v. State, 361 So.2d 1176, 1178 (Ala.Cr.App.1978), writ denied, 374 So.2d 332 The record indicates that the appellant was ex......
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Bass v. State
...Ala. 4, 56 So. 913) does not mean that there is a presumption against the idea that he may have acted in a lucid interval. Talbert v. State, 140 Ala. 96, 37 So. 78." Grammer v. State, 239 Ala. 633, 637, 196 So. 268, 271 George Bass testified that the appellant appeared "just like he was all......
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Durden v. State
...jury." This was a sufficient adjudication of the defendant's guilt. Ex parte Hardeman v. State, 202 Ala. 694, 81 So. 656; Talbert v. State, 140 Ala. 96, 37 So. 78, authorities there cited. We find no error in the record, and the judgment appealed from is affirmed. Affirmed. --------- Notes:......
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Grammer v. State
... ... When ... there is proof of such intervals of lucidity, the principle ... that a permanent form is presumed to continue (Odom v ... State, 174 Ala. 4, 56 So. 913) does not mean that there ... is a presumption against the idea that he may have acted in a ... lucid interval. Talbert v. State, 140 Ala. 96, 37 ... Moreover, ... the jury might suppose from this charge that any form of ... permanent insanity existing at the time of the offense ... prevented a finding of guilty whether or not the crime was ... the effect of the insanity. The unsoundness of mind may ... ...