211 Ala. 346 - Cagle v. State

How this case has been cited

Cited by 63 later decisions — most recently March 1985 · most notably 471 So. 2d 485 - Faircloth v. State (1984), Oliver v. State (1936)

63 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 On Rehearing.

SOMERVILLE, J.

¶2 In their original brief counsel for appellant called attention to the case of Heninburg v. State, 151 Ala. 26, 43 South. 959, as supporting the principle embodied in refused charges 11, 12, 13, and 18, but we inadvertently overlooked its consideration in. the opinion.

¶3 That case is opposed to our other cases;, and to the uniform current of judicial opinion elsewhere, and is now expressly overruled, as to its holding that drunkenness may reduce the grade of a homicide from murder-to manslaughter in the second degree. The-case of Hill v. State, 9 Ala. App. 7, 64 South. 163, which cited and followed Heninburg v. State, supra, must also be disapproved.

¶4 The application for rehearing will be overruled.

All the Justices concur.