Hughes v. State
| Court | Supreme Court of Alabama |
| Writing for the Court | HARALSON, J. |
| Citation | 117 Ala. 25,23 So. 677 |
| Decision Date | 09 June 1898 |
| Parties | HUGHES v. STATE. |
23 So. 677
117 Ala. 25
HUGHES
v.
STATE.
Supreme Court of Alabama
June 9, 1898
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...
To continue reading
Request your trial
-
Kuenzel v. State, 7 Div. 140
...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 Page 497 the jury to exercise mercy in deciding the facts of......
-
Daniels v. State, 1 Div. 162.
...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 th......
-
Angling v. State
...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 ......
-
Jackson v. State
...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. Affirmed. ...
-
Kuenzel v. State, 7 Div. 140
...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 Page 497 the jury to exercise mercy in deciding the facts of......
-
Daniels v. State, 1 Div. 162.
...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 th......
-
Angling v. State
...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 ......
-
Jackson v. State
...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. Affirmed. ...