Chaney v. State
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. James A. Bilbro. Claude Chaney was convicted of murder in the second degree and sentenced to the penitentiary for 35 years, and he appeals.
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Appeal from Gadsden City Court. Heard before Hon. James A. Bilbro. Claude Chaney was convicted of murder in the second degree and sentenced to the penitentiary for 35 years, and he appeals. The following charges were refused the defendant: (14) “I charge you that if, after looking at all the evidence in this case, your minds are left in such a state of doubt or uncertainty' that you cannot say, beyond a reasonable doubt, whether the defendant acted upon a well-founded and reasonable belief that it Avas necessary to take the life of the deceased to save himself from great bodily harm or death,…
1Opinion of the CourtAnderson, J.
This is the second appeal in this case, and the evidence as to what actually happened at the time of' the killing is practically the same as upon the former trial.
The state’s evidence shows that the deceased was in the defendant’s poolroom playing pool or billiards, and had a cue in his hand, also a ball, which he had picked up after it bounced off the table; that the defendant, without saying a word, shot him; and that the deceased at the time was making no effort whatsoever to strike or injure the defendant. If this theory was true, the defendant was guilty of murder.
The defendant’s…
2Cases cited6 opinions
- Harris v. StateSupreme Court of Alabama · 1892
- Bluett v. StateSupreme Court of Alabama · 1907
- Bryant v. StateSupreme Court of Alabama · 1897
- Bailey v. StateSupreme Court of Alabama · 1910
- Gaston v. StateSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Shikles v. StateAlabama Court of Appeals · 1944
- Brown v. StateAlabama Court of Appeals · 1946
- State v. PollockSupreme Court of Alabama · 1948
- Diamond v. StateAlabama Court of Appeals · 1916
- Nix v. StateAlabama Court of Appeals · 1945
28 more not listed; retrieve them via the Exa API.