Legal Opinion

Ex Parte Williams

Supreme Court of Alabama

Decided May 7, 1925No. 4 Div. 164PublishedCited by 30 opinions

1Opinion of the CourtSomerville, J.

In homicide cases, where self-defense is relied upon — the state having made out a prima facie case of intentional killing by evidence which does not itself tend to show that the killing was done in self-defense — the burden rests upon the defendant to offer some evidence tending to show (1) that he was in actual and imminent danger of death or serious bodily harm, or that he honestly and reasonably believed that he was in such danger by reason of circumstances apparent to him; and (2) that he was apparently unable to retreat in safety, or without increasing his peril.

The defendant’s burden…

2Cases cited9 opinions

  1. McGhee v. StateSupreme Court of Alabama · 1912
  2. Roberson v. StateSupreme Court of Alabama · 1913
  3. Ragsdale v. StateSupreme Court of Alabama · 1901
  4. Henson v. StateSupreme Court of Alabama · 1895
  5. Linnehan v. StateSupreme Court of Alabama · 1897

4 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Lester v. StateSupreme Court of Alabama · 1960
  2. Frank v. United StatesCourt of Appeals for the Ninth Circuit · 1930
  3. Lee v. StateAlabama Court of Appeals · 1931
  4. Vaughn v. StateSupreme Court of Alabama · 1974
  5. Collier v. StateCourt of Criminal Appeals of Alabama · 1973

25 more not listed; retrieve them via the Exa API.

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