Hall v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. John Hall was convicted of an assault with intent to murder Fred Camack, and appeals The exceptions to evidence sufficiently appear from the opinion.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. John Hall was convicted of an assault with intent to murder Fred Camack, and appeals The exceptions to evidence sufficiently appear from the opinion. The following charges were refused to defendant : (1) If you believe from the evidence that defendant was free from fault in bringing on the difficulty, and retreated as far as was reasonably safe under the circumstances as shown by the evidence before the firing, you should acquit. (2) If after you have considered the whole of the evidence in this case, or any part of such…
1Opinion of the CourtWalker, P. J.
Over objections of the defendant the state was permitted to introduce evidence as to by*98standers saying: “Don’t shoot Mm any more!” “Don’t do that!” etc. — while the defendant had his pistol aimed at his adversary after the latter had already been shot and was iying on the ground. These exclamations may be regarded as part of an occurrence which still was in progress when they were made. They were so intimately connected with the defendant’s conduct as to characterize and explain it, to shed light on the purpose which he manifested by aiming his pistol again at his adversary, and to show how…
2Cases cited8 opinions
- Turner v. StateSupreme Court of Alabama · 1909
- Tribble v. StateSupreme Court of Alabama · 1906
- Wesley v. StateSupreme Court of Alabama · 1875
- Kirby v. StateSupreme Court of Alabama · 1907
- Dismukes v. StateSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Payne v. StateSupreme Court of Alabama · 1954
- Kelly v. HanwickSupreme Court of Alabama · 1934
- Favors v. StateAlabama Court of Appeals · 1945
- Lawson v. StateCourt of Criminal Appeals of Alabama · 1985
- Davis v. StateCourt of Criminal Appeals of Alabama · 1976
2 more not listed; retrieve them via the Exa API.