Hughes v. State

Citation117 Ala. 25,23 So. 677
PartiesHUGHES v. STATE.
Decision Date09 June 1898
CourtSupreme Court of Alabama

Appeal from circuit court, St. Clair county; George E. Brewer Judge.

Rufus Hughes was convicted of murder in the second degree, and he appeals. Affirmed.

The appellant was indicted and tried for the murder of one Thomas McKinley, was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. The facts pertaining to the rulings of the court as to setting a day for the trial, and as to the verdict, judgment and sentence rendered thereon, are sufficiently stated in the opinion.

Among the other charges requested by the defendant, and to the refusal to give each of which the defendant separately excepted, were the following: (25) "The court charges the jury that if the evidence is evenly balanced on any material fact in the case, they should lean to the side of mercy and decide that fact in favor of the defendant." (6) "The court charges the jury that if they find from all the evidence in the case, that defendant, on hearing deceased cursing and calling his name, in a peaceable way and manner, without any intention of provoking a difficulty walked to where Melton and King were, and in the same manner asked deceased in words as follows: 'Old pardner or partner, what are you cursing and calling my name for,' and this was all the jury find from the evidence that defendant did on that time and occasion, then the jury should find for the defendant on the issue as to who brought on the difficulty."

It is deemed unnecessary to make a more detailed statement of the facts.

J. F Osborn and Inzer & Greene, for appellant.

Wm. C Fitts, Atty. Gen., for the State.

HARALSON J.

1. The transcript shows that an order was made on the 14th October, 1897, setting the 20th October, 1897, during the next succeeding and second week of the term as the day of trial of defendant, and the sheriff was directed to summon 55 qualified citizens of the county, including those persons summoned on the regular juries for that week, and ordering him to serve a copy of the indictment and a list of the regular and special jurors summoned, one entire day before the day set for trial, all in substantial compliance with sections 4872 and 4874 of [23 So. 678.] the Code of 1876. The transcript is silent as to whether or not these orders of the court were executed by the sheriff. The cause appears to have been called, and the case tried on the 23d of October, 1897, and no order of continuance of the case from the 20th to the 23d of that month appears. But, it does appear, that on the latter date the defendant appeared in person and by attorney; that he was duly arraigned and pleaded not guilty to the indictment and went to trial before a jury "duly elected, impaneled, sworn and charged according to law," without any objection on account of a noncompliance with said orders of the court, or on any other account. The presumptions are in favor of the sheriff having faithfully discharged his duty in these regards, and that the cause was duly continued from the day set, to the one on which the trial was had, or that the defendant waived the defects he now, for the first time, raises against the regularity of the proceedings. Spicer v. State, 69 Ala. 159; Shelton v. State, 73 Ala. 5; Clarke v. State, 78 Ala. 474; Washington v. State, 81 Ala. 35, 1 So. 18; Breden v. State, 88 Ala. 20, 7 So. 258.

2. The defendant was indicted for murder. The jury rendered a verdict in words-"guilty of manslaughter in the first...

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13 cases
  • Kuenzel v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 29 Junio 1990
    ...of a jury. It is the duty of the jury to find in accordance with the law and the facts, and leave mercy to the executive. The Hughes' Case, 117 Ala. 25, 23 South. 677, is not to be taken as a sanction by this court of a suggestion to the jury to exercise mercy in deciding the facts of a cas......
  • Daniels v. State
    • United States
    • Alabama Supreme Court
    • 21 Enero 1943
    ... ... the court has ordered the sheriff to serve a copy of the ... indictment and venire upon the defendant in compliance with ... this section the presumptions are in favor of the sheriff ... having faithfully discharged his duty in the absence of any ... showing in the record. Hughes v. State, 117 Ala. 25, ... 23 So. 677; Breden v. State, 88 Ala. 20, 7 So. 258." ... Code 1940, T. 30, § 63, and note ... Appellant's ... counsel state that the court erred in overruling the ... objections of appellant to the preliminary statements of the ... state solicitor, viz: ... ...
  • Angling v. State
    • United States
    • Alabama Supreme Court
    • 18 Junio 1903
    ... ... wound--the deceased had abandoned his attack upon him, and ... was in the act of fleeing, when he shot him. There, ... therefore, existed no necessity, real or apparent, which ... justified his conduct. Stilwell v. State, 107 Ala ... 16, 19 So. 322; Hughes v. State, 117 Ala. 29, 23 So ... 677; Kilgore v. State, 124 Ala. 24, 27 So. 4; ... Thomas v. State, 125 Ala. 45, 27 So. 920. This being ... true, he is in no position to invoke the doctrine of ... self-defense. This statement effectually disposes of the ... exceptions, adversely to appellant, ... ...
  • Jackson v. State
    • United States
    • Alabama Court of Appeals
    • 13 Junio 1911
    ... ... the contrary is clearly shown, and there was no error in the ... court's oral charge of which the defendant can complain ... See Crawford v. State, 112 Ala. 1, 21 So. 214; ... Parker v. State, 88 Ala. 4, 7 So. 98; Bostic v ... State, 94 Ala. 47, 10 So. 602; Hughes v. State, ... 117 Ala. 25, 23 So. 677 ... ...
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