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Presley v. StatePresley v. State

Supreme Court of Alabama
Dec 15, 1877
Reporters:
Before:
Manning
MANNING, J. —

Appellant was convicted of having placed -an obstruction on a railroad with intent to ‍‌​‌​‌​‌‌‌​‌‌​‌‌‌​​‌‌‌‌​‌​​​‌‌​‌​‌‌‌‌​​​​​​‌​​​‌​‌‌​‌‌​​‌‌‌​‌​​​​‌​‌‌​​‌​​​​‌​​‌​‌​‌​​‌‌​‌​‌​‌‌​‌‍wreck a train of cars. His own confessions made to detectives in the hearing of another person, under the impression the detectives were about to co-operate with him in committing another act ‍‌​‌​‌​‌‌‌​‌‌​‌‌‌​​‌‌‌‌​‌​​​‌‌​‌​‌‌‌‌​​​​​​‌​​​‌​‌‌​‌‌​​‌‌‌​‌​​​​‌​‌‌​​‌​​​​‌​​‌​‌​‌​​‌‌​‌​‌​‌‌​‌‍of the same kind, were given in evidence against him, and are set out in a bill of exceptions taken on his behalf. The objection presented is, that it does not appear ‍‌​‌​‌​‌‌‌​‌‌​‌‌‌​​‌‌‌‌​‌​​​‌‌​‌​‌‌‌‌​​​​​​‌​​​‌​‌‌​‌‌​​‌‌‌​‌​​​​‌​‌‌​​‌​​​​‌​​‌​‌​‌​​‌‌​‌​‌​‌‌​‌‍that the confessions were voluntary. But it does so expressly appear. And if, as a consequence of the obstruction, any person had been killed, the defendant would have been guilty of ‍‌​‌​‌​‌‌‌​‌‌​‌‌‌​​‌‌‌‌​‌​​​‌‌​‌​‌‌‌‌​​​​​​‌​​​‌​‌‌​‌‌​​‌‌‌​‌​​​​‌​‌‌​​‌​​​​‌​​‌​‌​‌​​‌‌​‌​‌​‌‌​‌‍murder in the first degree, and liable to be hanged therefor. It would have been a homicide proceeding from that depravity uf mind and heart which is technically called “ universal malice.” — See Mitchel ‍‌​‌​‌​‌‌‌​‌‌​‌‌‌​​‌‌‌‌​‌​​​‌‌​‌​‌‌‌‌​​​​​​‌​​​‌​‌‌​‌‌​​‌‌‌​‌​​​​‌​‌‌​​‌​​​​‌​​‌​‌​‌​​‌‌​‌​‌​‌‌​‌‍v. The State, opinion by Stone, J., at this term.

The judgment of the Circuit Court is affirmed.

Case Details

Case Name: Presley v. State
Court Name: Supreme Court of Alabama
Date Published: Dec 15, 1877
Citation: 59 Ala. 98
Court Abbreviation: Ala.
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