Watkins v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lawrence County; O. Kyle, Judge. Dan Watkins was convicted of manslaughter, and appeals. The following charges were refused to the defendant: (6) I charge you that if the defendant was without fault in bringing on the difficulty, and if at the time of the shooting there appeared, so apparently as to lead a reasonable man to the belief that it actually existed, and the defendant did entertain this belief honestly, a present impending and imperious…
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Appeal from Circuit Court, Lawrence County; O. Kyle, Judge. Dan Watkins was convicted of manslaughter, and appeals. The following charges were refused to the defendant: (6) I charge you that if the defendant was without fault in bringing on the difficulty, and if at the time of the shooting there appeared, so apparently as to lead a reasonable man to the belief that it actually existed, and the defendant did entertain this belief honestly, a present impending and imperious necessity, in order to save his life, or in order to save himself from great bodily harm, to shoot the deceased, then he…
1Opinion of the CourtBricken, J.
The defendant was indicted for murder in the first degree. He was tried and convicted of manslaughter in the first degree, and was duly sentenced to imprisonment in the penitentiary for a term of five years. From this judgment of conviction, he appeals.
[1] T&ere was but one exception reserved to the ruling of the court on the evidence. This ruling was clearly without error, and the question was not objectionable on the grounds stated. The question as propounded may have been leading, but it has been often held that the trial court is authorized to permit a leading question. Moreover, this…
2Cases cited3 opinions
- Ex parte DavisSupreme Court of Alabama · 1913
- Pippin v. StateSupreme Court of Alabama · 1916
- Matthews v. StateSupreme Court of Alabama · 1915
3Cited by4 opinions
- Reaves v. StateAlabama Court of Appeals · 1920
- Gaither v. StateAlabama Court of Appeals · 1925
- Thomas v. StateAlabama Court of Appeals · 1922
- Reaves v. StateAlabama Court of Appeals · 1920