Bostic v. State
Supreme Court of Alabama
From the Circuit Court of Limestone. Tried before the Hon. Henry O. Speake. The defendant in this case, Richard Bostic, was indicted jointly with John Puryear for the murder of Jesse Brock, “by striking him on the head with a rock, stick, or other hard substance to the grand jury unknownwas convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of five years. The opinion- states the circumstances attending the killing.
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From the Circuit Court of Limestone. Tried before the Hon. Henry O. Speake. The defendant in this case, Richard Bostic, was indicted jointly with John Puryear for the murder of Jesse Brock, “by striking him on the head with a rock, stick, or other hard substance to the grand jury unknownwas convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of five years. The opinion- states the circumstances attending the killing. The defendant requested the following charges in writing, and duly excepted to their refusal: (1.) “If the jury believe the evidence,…
1Opinion of the CourtStone, C. J.
— It is said in 4 Bl. Com. 213, that “homicide ■committed for the prevention of any forcible and atrocious crime is j ustiflable by the law of nature, and also by the law of England, as it stood so early as the time of Bracton, and as it was declared by statute, 24 Hen. 8, c. 5. If any person attempts a robbery or murder of another, or attempts to break open a house in the night (which extends also to an attempt to burn it), and be killed in such attempt, the slayer shall be acquitted and discharged.” Greenleaf states the doctrine substantially the same way. — 3 Greenl. Ev., § 115.
In Gray v.…
2Cases cited6 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Gibson v. StateSupreme Court of Alabama · 1890
- Simpson v. StateSupreme Court of Alabama · 1877
- Noles v. StateSupreme Court of Alabama · 1855
- Parker v. StateSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Suell v. DerricottSupreme Court of Alabama · 1909
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Martin v. StateSupreme Court of Alabama · 1898
- Brewer v. StateSupreme Court of Alabama · 1909
- Burkett v. StateSupreme Court of Alabama · 1908
16 more not listed; retrieve them via the Exa API.