Legal Opinion

Henderson v. State

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 6 opinions

Indictment for Murder. From the Circuit Court of Pike.' Tried before the Hon. John P. Hubbard. The defendant in this case, Jack Henderson, was indicted, jointly with Aaron Perdue, for the murder of Dave Mincey, by shooting him with a gun ; pleaded not guilty, was tried on issue joined on that plea, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of three years and six months.

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Indictment for Murder. From the Circuit Court of Pike.' Tried before the Hon. John P. Hubbard. The defendant in this case, Jack Henderson, was indicted, jointly with Aaron Perdue, for the murder of Dave Mincey, by shooting him with a gun ; pleaded not guilty, was tried on issue joined on that plea, was convicted of manslaughter in the first degree, and sentenced to the penitentiary for the term of three years and six months. The bill of exceptions purports to set out “substantially all the evidence adduced in the case,” but it is not necessary to state it at length. It appeared that the…

1Opinion of the CourtStone, C. J.

Charges four and five, asked for defendant, were severally refused, and the defendant excepted severally. Each is faulty. A conspiracy to take life, and an attempt to carry it into effect, do not, without more, justify the taking of the iife of the person thus attempting. Such attempt, to justify a killing, must be attended with an actual or seeming ability to carry it into effect; and the danger must be, or appear to be, so imminent, as thatit can not be otherwise eluded, or, at least, can not be without exposing the party assailed to increased peril, by flight, or other attempted escape.…

2Cases cited2 opinions

  1. Mitchell v. StateSupreme Court of Alabama · 1877
  2. DeArman v. StateSupreme Court of Alabama · 1882

3Cited by6 opinions

  1. Bell v. StateSupreme Court of Alabama · 1896
  2. Carter v. StateSupreme Court of Alabama · 1886
  3. Hull v. StateSupreme Court of Alabama · 1885
  4. Howard v. StateSupreme Court of Alabama · 1940
  5. Grubbs v. StateSupreme Court of Alabama · 1925

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