Brake v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. John Brake was convicted of manslaughter in tbe first degree, and appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. John Brake was convicted of manslaughter in tbe first degree, and appeals. Defendant was charged with killing Ernest Brothers, the state’s theory being that defendant was an employe at Anders’ livery stable, and that as Brothers ran out of the stable he was closely pursued by defendant, who shot at him once, and then shot twice more in rapid succession, one bullet entering the right shoulder blade, passing through the body, and coming out in front of the left shoulder. It appears that Brothers and Brake were in the…
1Opinion of the CourtWalker, P. J.
— There ivas evidence tending to prove that when the fatal shot was fired the defendant was in a street in the town of Hartselle, in front of a livery stable in which he was an employe. That was not a place from which the law excused him from retreating if he could have done so in safety. — Perry v. State, 94 Ala. 25, 10 South. 650; Lee v. State, 92 Ala. 15, 9 South. 407, 25 Am. St. Rep. 17.
A number of the written charges requested by the defendant were faulty in that they ignored the inquiry as to his duty to retreat. The existence of such a fault in each of the charges B, D, F, H, L,.R, and…
2Cases cited5 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Cleveland v. StateSupreme Court of Alabama · 1888
- Jackson v. StateSupreme Court of Alabama · 1885
- Lee v. StateSupreme Court of Alabama · 1890
- Perry v. StateSupreme Court of Alabama · 1891
3Cited by14 opinions
- Ledbetter v. StateAlabama Court of Appeals · 1948
- Maxwell v. StateAlabama Court of Appeals · 1946
- Walker v. StateAlabama Court of Appeals · 1948
- Carroll v. StateAlabama Court of Appeals · 1951
- Foster v. StateAlabama Court of Appeals · 1953
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