Legal Opinion

Nelson v. State

Alabama Court of Appeals

Decided April 8, 1915PublishedCited by 9 opinions

Murder. Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Meirbill. Fred Nelson ivas convicted of murder in the second degree, and he appeals.

1Opinion of the CourtPelham, P. J.

Being on trial charged with murder in the first degree, the defendant admitted the killing and sought to justify it as an act of self-defense. When being examined as a witness in his own behalf, the defendant was very properly permitted to testify that on the day previous to the killing he and the deceased had a difficulty; whereupon the defendant’s counsel asked him the following question: “State whether or not in that difficulty he [deceased] drew a gun on you [defendant].” “State whether or not Pres Horton [the deceased] shot at you the day before you killed him,” and “I will ask you to…

2Cases cited2 opinions

  1. Watts v. StateSupreme Court of Alabama · 1912
  2. Harrison v. StateSupreme Court of Alabama · 1884

3Cited by9 opinions

  1. Sanders v. StateSupreme Court of Alabama · 1942
  2. Spain v. StateAlabama Court of Appeals · 1953
  3. Buffalow v. StateSupreme Court of Alabama · 1929
  4. Dodd v. StateAlabama Court of Appeals · 1946
  5. Thornton v. StateAlabama Court of Appeals · 1921

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