SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Capers
State v. Tally
Citation:
15 So. 722 (1894)Facts
About January 6, 1894, Ross left his house in Scottsboro surreptitiously under and because of an apprehension that his life was in imminent peril at the hands of the Skeltons. A person, William Tally, passing at the time from the hotel to the station, walked around the hack, which had stopped immediately in front of him, and met, shook hands, and passed the usual salutations with Ross, who had gotten out on the side next the station. Tally then turned away, and started on towards the station. Just at this juncture a shot was fired from behind the depot platform. This was followed by another from the same place, and then by other shots from two guns behind the platform, and from a pile of telegraph poles a little way down the road, in the direction from which the hack had come. Some one or more of these succeeding shots took effect in Ross’ legs, and he fell. Bloodwood was also wounded, and ran away. The team ran away with Hammons. Ross managed to get to the side of a small oil house. While standing there with his gun in his hand, and looking in the direction of the telegraph poles, a man came to the corner of the house behind him, and shot him with a Winchester rifle through the head from back to front. He fell in the throes of death, and died. Then another man came up from behind the platform, and, approaching closely, also shot him through the head with a Winchester rifle. The man who fired the first and two or three other shots from behind the platform was Robert Skelton. The man who fired the other shots from that position was James Skelton. The man who fired from the telegraph poles was Walter Skelton. John Skelton it was who reached the corner of the oil house behind Ross, shot him in the back of the head, and killed him. And it was Robert who came up after he was dead, and again shot him in the head.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
8m 43sTopic Outline 
Topic Refresher Course 