Legal Opinion

Page v. State

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 3 opinions

Appeal from the City Court of Montgomery. Tried before lion. T. M. Arrington. At the February Term, 1881, of said court, the defendant was indicted for an assault upon one Lorenzo Phillips, with the intent to murder or maim him; and the cause was tried on the jilea of not guilty.

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Appeal from the City Court of Montgomery. Tried before lion. T. M. Arrington. At the February Term, 1881, of said court, the defendant was indicted for an assault upon one Lorenzo Phillips, with the intent to murder or maim him; and the cause was tried on the jilea of not guilty. On the trial, the State examined said Phillips as a witness, who testified that “within twelve months before the indictment was found, and in Montgomery county, he was clerking in a store, when defendant came in and asked for his account. The correctness of the account was denied by defendant, though he paid it.…

1Opinion of the CourtStone, J.

Anyone who brings-on, or provokes a personal rencontre, thereby disables himself to rely on the plea, that the blow he struck in such provoked difficulty was inflicted in self-defense. — 1 Bish. Cr. Law, § 844; State v. Neeley, 20 Iowa, 108; Adams v. People, 47 Ill. 376; State v. Starr, 38 Mo. 270. See, also, authorities on. brief of the Attorney-General.

Affirmed.

2Cases cited3 opinions

  1. State v. StarrSupreme Court of Missouri · 1866
  2. Adams v. PeopleIllinois Supreme Court · 1868
  3. State v. NeeleySupreme Court of Iowa · 1865

3Cited by3 opinions

  1. Scoggins v. StateSupreme Court of Alabama · 1898
  2. Henry v. StateSupreme Court of Alabama · 1885
  3. Rufus v. StateSupreme Court of Alabama · 1897

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