Glass v. State
Supreme Court of Alabama
Appeal from Circuit Court, Chilton County; Leon McCord, Judge. Berry Glass was convicted of murder in the first degree, and he appeals. The following are the charges referred to in the opinion: (2) It is not necessary under the evidence in this case that defendant should have been actually in danger of death or great bodily harm at the time he killed Campbell, or that retreat would have really increased his peril in order for him to have been justfied in shooting Campbell.
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Appeal from Circuit Court, Chilton County; Leon McCord, Judge. Berry Glass was convicted of murder in the first degree, and he appeals. The following are the charges referred to in the opinion: (2) It is not necessary under the evidence in this case that defendant should have been actually in danger of death or great bodily harm at the time he killed Campbell, or that retreat would have really increased his peril in order for him to have been justfied in shooting Campbell. He had the right to act on the appearance of things at the time, taken in the light of all the evidence, and he had the…
1Opinion of the CourtGardner, J.
Appellant was convicted of murder in the first degree, and his punishment fixed at life imprisonment. The defendant’s evidence tended to establish his theory of self-defense.
The errors insisted upon by counsel for appellant upon this appeal relate to the refusal of the court to give certain charges requested in writing by the defendant.
[1-5] Refused charge 2 relates to the elements of self-defense, and has found approval in the decisions of this court. Bluett v. State, 151 Ala. 41, 44 South. 84, wherein refused charge 2 was declared to be correct. Likewise refused charge 4 was approved in…
2Cases cited3 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Andrews v. StateSupreme Court of Alabama · 1909
- Kennedy v. StateSupreme Court of Alabama · 1903
3Cited by18 opinions
- Brown v. StateAlabama Court of Appeals · 1946
- Hudson v. StateSupreme Court of Alabama · 1928
- Davis v. StateSupreme Court of Alabama · 1926
- Griffin v. StateSupreme Court of Alabama · 1969
- Smith v. StateSupreme Court of Alabama · 1935
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