Moody v. State, 6 Div. 661
| Citation | 113 So.2d 787,40 Ala.App. 373 |
| Decision Date | 30 June 1959 |
| Docket Number | 6 Div. 661 |
| Parties | James H. MOODY v. STATE. |
| Court | Alabama Court of Appeals |
Matt Murphy, Jr., Birmingham, for appellant.
MacDonald Gallion, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.
Appellant, James H. Moody, was indicted for murder in the first degree for the fatal shooting of his fifteen-year-old stepson. This is the second appeal in this case. On the first trial defendant interposed pleas of 'not guilty' and 'not guilty by reason of insanity.' He was convicted of murder in the second degree and sentenced to 50 years imprisonment in the penitentiary.
On appeal the cause was reversed and remanded for the refusal of the trial court to admit certain evidence as to defendant's mental condition. Moody v. State, 267 Ala. 204, 100 So.2d 733.
After remandment trial was had on defendant's plea of 'not guilty', resulting in conviction of murder in the second degree and punishment fixed at ten years imprisonment in the penitentiary.
The sufficiency of the evidence is not presented for our review, since there was no motion to exclude the state's evidence, no request for the affirmative charge and no motion for a new trial. Whited v. State, 27 Ala.App. 466, 174 So. 545; Parker v. State, 37 Ala.App. 169, 65 So.2d 215; Madison v. State, 32 Ala.App. 617, 28 So.2d 927.
During the solicitor's argument to the jury the following occurred:
'Mr. Murphy: Now, Judge, at this time, I object to Mr. Cecil Deason's argument and what he had said about any other plea being entered on the grounds that it is illegal, irrelevant, incompetent, immaterial and make a motion at this time to exclude what Mr. Deason has said.
'Mr. Deason: Let me say this, if the court please, I could have not answered that; could have not made that statement and I am answering Mr. Murphy's statement to the jury; and I have got a perfect...
To continue reading
Request your trial
-
Davis v. State
...Evans v. State, 338 So.2d 1033 (Ala.Cr.App.1976); Lane v. State, 46 Ala.App. 637, 247 So.2d 679 (1971); Moody v. State, 40 Ala.App. 373, 113 So.2d 787 (1959); Windham v. State, 35 Ala.App. 547, 50 So.2d 288 (1950); Gills v. State, 35 Ala.App. 119, 45 So.2d 44, cert. denied, 253 Ala. 283, 45......
-
Stephens v. State
...'Wide latitude is given the solicitor in making reply to argument previously made by appellant's counsel.' Moody v. State, 40 Ala.App. 373, 374, 113 So.2d 787, 788 (1959). '[W]ide latitude is given a district attorney in making reply in kind, ... and the propriety of argument of counsel is ......
-
Connell v. State
...`Wide latitude is given the solicitor in making reply to argument previously made by appellant's counsel.' Moody v. State, 40 Ala.App. 373, 374, 113 So.2d 787, 788 (1959). `Wide latitude is given a district attorney in making reply in kind, ... and the propriety of argument of counsel is la......
-
Stallworth v. State
...Evans v. State, 338 So.2d 1033 (Ala.Cr. App.1976); Lane v. State, 46 Ala.App. 637, 247 So.2d 679 (1971); Moody v. State, 40 Ala.App. 373, 113 So.2d 787 (1959); Windham v. State, 35 Ala.App. 547, 50 So.2d 288 (1950); Gills v. State, 35 Ala.App. 119, 45 So.2d 44, cert. denied, 253 Ala. 283, 4......