Ex parte Brown
Supreme Court of Alabama
Application by petition by C. S. C. Brown, for the writ of habeas corpus,' to obtain bis discharge on bail from the custody of the sheriff of Montgomery county, charged with the murder of James Adams.
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Application by petition by C. S. C. Brown, for the writ of habeas corpus,' to obtain bis discharge on bail from the custody of the sheriff of Montgomery county, charged with the murder of James Adams. After his preliminary trial before a magistrate, the petitioner sued out a habeas corpus before the Hon. Thomas M. Arrington, judge of theOity Court of Montgomery, by whom bail was refused; and the petitioner having reserved a bill of exceptions to this ruling and decision, he now renews his application to this court (Code, § 4850), on the evidence set out in the bill of exceptions.
1Opinion of the CourtStone, J.
— When life is taken by the intentional use of a deadly weapon, the blow or injury being aimed at the party slain, the act, under our statutes, falls under one of the following classes: First, excusable, which means, that the blow is stricken as the only probable means of saving the life of the accused, or of freeing himself from present, impending grievous bodily harm, as the law defines that term. — 4 Blacks. Com. 183 et seq.; 1 Bish. Cr. Law, §§ 842, 843, 844, 846, 847. To come within this principle, there *447must be a present, impending, real or apparent danger to life or limb, from which…
2Cases cited6 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Ex parte NettlesSupreme Court of Alabama · 1877
- McManus v. StateSupreme Court of Alabama · 1860
- Fields v. StateSupreme Court of Alabama · 1875
- Judge v. StateSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Storey v. StateSupreme Court of Alabama · 1882
- Cleveland v. StateSupreme Court of Alabama · 1888
- McKee v. StateSupreme Court of Alabama · 1886
- Compton v. StateSupreme Court of Alabama · 1895
29 more not listed; retrieve them via the Exa API.