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Alabama Supreme Court - 15 So. 722, 102 Ala. 25
Tags: Criminal law, Material aid
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The court excluded incompetent testimony and deemed evidence related to the victim's relationship with Miss Skelton irrelevant. Witnesses cannot testify about uncommunicated intentions. Privileged communication between attorney and client was acknowledged. The respondent can only be found guilty if proven beyond a reasonable doubt. The court found that shots were fired, and Ross was killed by a man with a Winchester rifle who was pursued and killed by the Skelton brothers. Judge Tally was found guilty of murder for his actions that contributed to Ross's death. The court ruled that Tally could be held accountable for aiding or abetting the killing of Ross, but not as an accessory before the fact. The court cited legal authorities to support the principles that aiding and abetting encompass any assistance rendered by acts, words of encouragement or support, or presence, actual or constructive, to render assistance should it become necessary. The court is investigating Judge Tally's potential involvement in the murder of Ross, including his connection to the Skeltons and evidence suggesting he may have aided and abetted them. The State's evidence against Judge Tally suggests his involvement in the murder of Ross, but his message to Huddleston may impact the case.
Judge Pie Ad disagrees with the decision and believes that the respondent should be acquitted of both charges due to lack of evidence proving intent to aid in the murder. It is also unclear if the warning telegram would have reached Ross before the shooting if the respondent had not sent it. Chief Justice Beickell did not participate in the decision.
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