Carter v. State
Supreme Court of Alabama
From the Circuit Court of Jackson. Tried before tlie Hon. John B^ Tally. The defendant in this case, James Carter, was indicted for the murder of Daniel Smith, by shooting bim with a pistol; was tried on issue joined on the plea of not guilty, convicted of manslaughter in the first degiee, and sentenced to the penitentiary for the term of seven years.
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From the Circuit Court of Jackson. Tried before tlie Hon. John B^ Tally. The defendant in this case, James Carter, was indicted for the murder of Daniel Smith, by shooting bim with a pistol; was tried on issue joined on the plea of not guilty, convicted of manslaughter in the first degiee, and sentenced to the penitentiary for the term of seven years. It was shown on the trial, as appears from the bill of exceptions, that the killing occurred at the house of one Charles Smith in said county, on the morning of February 24th, 1886 ; that the defendant had stopped at the house, in company with…
1Opinion of the CourtSomerville, J.
— The duty of retreat which is imposed by law upon combatants, under certain circumstances, has in view the prevention or avoidance of unnecessary bloodshed. The right of self-defense can not innocently be carried to the last resort of taking human life until the defendant has availed himself of all proper means in his power to decline combat by retreat, provided there is open to him a safe mode of escape — that is, when he can safely and conveniently retreat without putting himself at a disadvantage by increasing his own peril in the combat. Where this can be done, the law assumes that the…
2Cases cited9 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- DeArman v. StateSupreme Court of Alabama · 1882
- Ford v. StateSupreme Court of Alabama · 1882
- Tesney v. StateSupreme Court of Alabama · 1884
- Harrison v. StateSupreme Court of Alabama · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Hill v. StateSupreme Court of Alabama · 1915
- Brewer v. StateSupreme Court of Alabama · 1909
- Bell v. StateSupreme Court of Alabama · 1896
- Lee v. StateSupreme Court of Alabama · 1890
15 more not listed; retrieve them via the Exa API.