Thompson v. State
| Decision Date | 13 February 1902 |
| Citation | 31 So. 725,131 Ala. 18 |
| Parties | THOMPSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Madison county; O. Kyle, Judge.
Dan Thompson was convicted of manslaughter in the second degree and he appeals. Affirmed.
The appellant was tried under an indictment which charged that "before the finding of this indictment, Dan Thompson unlawfully and intentionally, but without malice, killed James Carter, by running with a horse against a mule on which said Carter was riding, thereby knocking said Carter from his said mule upon the ground, killing him as aforesaid," was convicted of manslaughter in the second degree, and sentenced to one year's hard labor for the county. On the trial of the cause the evidence for the state tended to show that the defendant was racing his horse along the public road in Madison county, and that while so racing he ran against a mule that was ridden by the deceased, and thereby knocked the mule down, and said mule fell on the deceased; the injury resulting in the death of the deceased. The evidence for the defendant tended to show that he was not racing along the public road; that his horse took fright while he was riding and was running away with him; and that, as it was dark, he did not see said Carter, who was riding the mule, before his horse ran into him. At the request of the state the court gave to the jury the following written charges: The defendant separately excepted to the giving of each of these charges and also separately excepted to the court's refusal to give the following charges requested by him: "(2) I charge you, gentlemen of the jury, that a reasonable doubt is just such a doubt for which a reason can be assigned." "(8) I further charge you that if you, or either of you, have a reasonable doubt as to the proof in this case of any material allegation of the indictment, you must acquit the defendant." ...
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Morris v. State
... ... place it assumes that malice on the part of John Morris, Jr., ... was not indulged in by the defendant. It is misleading, as ... the defendant may have been convicted of manslaughter (and he ... was), an offense not involving malice. Littleton's Case, ... 128 Ala. 31, 29 So. 390; Thompson's Case, 131 Ala. 18, 31 ... So. 725; Jarvis' Case, 138 Ala. 17, 34 So. 1025 ... Charge ... 42 is subject to the criticism made with respect of charge ... 41, that it is misleading. But the theory of the defendant, ... as shown by refused charge MM is, that there cannot be aiders ... ...
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Foster v. State, 8 Div. 243
...the lesser degrees of unlawful homicide which are included in the indictment. Burkett v. State, 154 Ala. 19, 45 So. 682; Thompson v. State, 131 Ala. 18, 31 So. 725. It is likely faulty in other aspects. Davis v. State, 8 Ala.App. 147, 62 So. 1027. Instruction number 19 was approved in Gilbe......
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Smith v. State
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