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· 1/15/1872

DeKalb County v. Smith

Citations

  • 47 Ala. 407

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ruling that the court erred in failing to clearly define the degrees of murder for the jury
  • ruling that the court erred in failing to clearly define the degrees of murder for the jury
  • noting that without malice aforethought, “a killing would be only manslaughter, if criminal at all”
  • explaining that the purpose behind enactment of the statute specifying degrees of murder was to “separate,” for purposes of punishment, first-degree murder offenses
  • “Murder is where a person of sound memory and discretion unlawfully kills any reasonable creature in being, in the peace of the state, with malice prepense or aforethought, either express or implied.”
  • “Murder is where a person of sound memory and discretion unlawfully kills any reasonable creature in being, in the peace of the state, with malice prepense or aforethought, either express or implied.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Saffold

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.