Diamond v. State
Alabama Court of Appeals
Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Revenell Diamond was convicted of manslaughter and he appeals. The case was one of a fight in which defendant cut to death his cousin, the defendant being a boy of about 16 years, and the deceased a man about 35. The evidence for the state tended to show an unjustifiable homicide, and that for the defendant tended to show self-defense.
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Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Revenell Diamond was convicted of manslaughter and he appeals. The case was one of a fight in which defendant cut to death his cousin, the defendant being a boy of about 16 years, and the deceased a man about 35. The evidence for the state tended to show an unjustifiable homicide, and that for the defendant tended to show self-defense. The following are the charges referred to as being refused to the defendant: (2) Appears. “ (3) The court charges the jury that before they can convict the defendant, they must be satisfied to…
1Opinion of the CourtBrown, J.
The only question presented for review arises' from the refusal by the trial court of certain written charges requested by the appellant. Immediately following these refused charges as set out in the bill of exceptions occurs the following statement: “The presiding judge then gave at the request of the defendant the following charges, which were read to the jury. (The clerk will here set out the charges.)
“I have made thorough search for the charges given at the request of the defendant and have been unable to find them.
“W. H. Jones, Clerk.”
It is thus affirmatively shown on the record that…
2Cases cited22 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Smith v. StateSupreme Court of Alabama · 1916
- Bryant v. StateSupreme Court of Alabama · 1897
- Smith v. StateSupreme Court of Alabama · 1913
- Harper v. StateSupreme Court of Alabama · 1895
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3Cited by20 opinions
- Shikles v. StateAlabama Court of Appeals · 1944
- Brown v. StateAlabama Court of Appeals · 1946
- Lovejoy v. StateAlabama Court of Appeals · 1948
- Russo v. StateSupreme Court of Alabama · 1938
- Brooks v. StateCourt of Criminal Appeals of Alabama · 1980
15 more not listed; retrieve them via the Exa API.