Askew v. State
Supreme Court of Alabama
From the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. The defendant in this case, Thomas O. Askew, was indicted for the murder of Ned Grice, by shooting him with a pistol; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twelve years.
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From the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. The defendant in this case, Thomas O. Askew, was indicted for the murder of Ned Grice, by shooting him with a pistol; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twelve years. The evidence on the trial showed that the killing occurred in the defendant’s livery-stable in the town of Dothan, on the 14th April, 1891; that he and the deceased were personal friends ; that they met on the street, the deceased being, as a witness expressed it, “considerably under the…
1Per curiam
— The evidence showing, without dispute,, that the killing occurred in a livery-stable of which the defendant was proprietor, and that the deceased was intoxicated at the time, the court, after stating the general proposition, that if the defendant was in his own place of business, he was under no obligation or duty to retreat therefrom to avoid a difficulty, proceeded to further instruct the jury, in substance as follows : But, if the deceased was intoxicated, and in consequence thereof was less prudent, and his power of locomotion and action was so impaired as to render him less dangerous…
2Cases cited3 opinions
- Williams v. StateSupreme Court of Alabama · 1887
- Brinkley v. StateSupreme Court of Alabama · 1889
- Nichols v. WinfreySupreme Court of Missouri · 1886
3Cited by10 opinions
- Gregory v. StateSupreme Court of Alabama · 1903
- Danford v. StateSupreme Court of Florida · 1907
- Freeney v. StateSupreme Court of Georgia · 1907
- Bray v. StateAlabama Court of Appeals · 1918
- Harrell v. StateSupreme Court of Alabama · 1910
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