Legal Opinion

Prater v. State

Supreme Court of Alabama

Decided June 30, 1915PublishedCited by 9 opinions

Appeal from Gadsden City Court. Heard before Hon. James A. Bilbro. Son Prater was convicted of murder and he appeals.

1Opinion of the Court

SOMEBVILLE, J.(1) The burden of proving that ' a homicide was committed in self-defense rests on the defendant, unless it can be deduced from the facts and circumstances which prove the killing. — Hadley v. State, 55 Ala. 31; De Arman v. State, 71 Ala. 351, 360.(2) Charge 1 was properly refused to defendant, since-it required the state to prove beyond a reasona.be doubt that defendant “without excuse and unlawfully killed” the deceased, thereby misplacing the burden of proof as to self-defense.(3) If the facts were that deceased approached the place where defendant' was at work and stated to…

2Cases cited6 opinions

  1. DeArman v. StateSupreme Court of Alabama · 1882
  2. Ward v. StateSupreme Court of Alabama · 1856
  3. Hadley v. StateSupreme Court of Alabama · 1876
  4. Byers v. StateSupreme Court of Alabama · 1894
  5. Rhea v. StateSupreme Court of Alabama · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Woodard v. StateSupreme Court of Alabama · 1950
  2. Wilson v. StateAlabama Court of Appeals · 1924
  3. Jones v. StateSupreme Court of Alabama · 1954
  4. Pelham v. StateAlabama Court of Appeals · 1931
  5. Collins v. StateAlabama Court of Appeals · 1925

4 more not listed; retrieve them via the Exa API.

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