From Casetext: Smarter Legal Research

Macon v. State

Court of Appeals of Alabama
Jan 6, 1953
63 So. 2d 32 (Ala. Crim. App. 1953)

Opinion

7 Div. 159.

January 6, 1953.

Appeal from the Circuit Court, Talladega County, Leslie C. Longshore, J.

Huel M. Love, Talladega, for appellant.

Si Garrett, Atty. Gen., J.W. Arbuthnot, Asst. Atty. Gen., and Marvin Cherner, Birmingham, of counsel, for the State.


Under an indictment charging murder in the first degree, the defendant was convicted of manslaughter in the first degree and his punishment fixed at four years imprisonment in the penitentiary.

The evidence is without dispute that appellant killed his wife, Betty Macon, by shooting her with a shotgun.

Defendant contended he had cleaned his gun and in reloading it the gun fired, accidentally killing his wife.

The State's testimony was directed to a refutation by expert witnesses of defendant's contention as to how the shooting occurred, and to proof of conflicting statements made by defendant.

As the law requires, we have carefully considered the entire record and the questions presented therein for our review, although we have not been furnished a brief by appellant's counsel. Ala.Dig., Crim.Law, 1130 (4).

Under all the evidence adduced on the trial, the question of whether the killing was accidental was for the jury's determination, and we are of the opinion it was sufficient, if believed by the jury beyond a reasonable doubt, to sustain the verdict. The court should not be put in error for refusing the requested affirmative charge, nor in overruling defendant's motion for a new trial on the ground the verdict was contrary to the great weight of the evidence.

No good purpose would be served by a separate discussion of each exception reserved during the trial. We are convinced there was no reversible error in the rulings of the court on the admission of evidence.

The charges refused to defendant, which were correct propositions of law, were fairly and substantially covered by the given charges.

We find no reversible error in the record and the judgment is affirmed.

Affirmed.


Summaries of

Macon v. State

Court of Appeals of Alabama
Jan 6, 1953
63 So. 2d 32 (Ala. Crim. App. 1953)
Case details for

Macon v. State

Case Details

Full title:MACON v. STATE

Court:Court of Appeals of Alabama

Date published: Jan 6, 1953

Citations

63 So. 2d 32 (Ala. Crim. App. 1953)
63 So. 2d 32

Citing Cases

Wallace v. State

Where evidence was conflicting a jury question is presented as to whether the killing was accidental or…

Stuckey v. State

In a prosecution for murder it is for the jury to determine the claim of the accused that the shooting was…