(Download) "Edward Sharpe Bosarge v. State Alabama" by Supreme Court of Alabama # Book PDF Kindle ePub Free
eBook details
- Title: Edward Sharpe Bosarge v. State Alabama
- Author : Supreme Court of Alabama
- Release Date : January 28, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
GOODWYN, Justice. Appellant, Edward Sharpe Bosarge, was convicted in the Mobile County circuit court of murder in the first degree and sentenced to death by electrocution. The indictment charged that he, 'unlawfully and with malice aforethought, killed Dorothy Grace Cash by striking her with a hammer, against the peace and dignity of the State of Alabama.' He entered pleas of 'not guilty' and 'not guilty by reason of insanity.' His appeal here is under the provisions of the automatic appeal statute. Act No. 249, appvd. June 24, 1943, Gen.Acts 1943, p. 217. See 1955 Cum.Pocket Part, Code 1940, Tit. 15, § 382(1) et seq. Being mindful of our duty in cases of this kind, we have carefully considered all of the testimony, even though no lawful objection or exception was made thereto, and find none seriously prejudicial to the rights of appellant; nor can we say, after considering all of the testimony, that the verdict is so decidedly contrary to the great weight of the evidence as to be wrong and unjust. Act No. 249, supra. The verdict is amply supported by the evidence. In fact, appellant voluntarily testified in his own behalf and admitted killing the deceased with a hammer after she refused his sexual advances and slapped him; that he lost his senses, did not realize what he was doing, and did not intend to kill her. Under the evidence, the issues as to appellant's guilt and competency were clearly for the jury's determination. The trial court fully expounded the applicable law in its oral charge to the jury, to which no exceptions were taken.