Roden v. State
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Tried before the Hon. John B. Tally. The appellants, Dick Bioden and Pick Boden, were convicted of assault with intent to murder. The State introduced only one witness, whose testimony tended to show, that he saw one Hunt come up to where Bill Lewis and Pick Boden were talking, and whilst they were talking Dick Boden shot first, and after that the other defendant shot a pistol two or three times while Hunt and Dick were in a general fight.
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Appeal from Marshall Circuit Court. Tried before the Hon. John B. Tally. The appellants, Dick Bioden and Pick Boden, were convicted of assault with intent to murder. The State introduced only one witness, whose testimony tended to show, that he saw one Hunt come up to where Bill Lewis and Pick Boden were talking, and whilst they were talking Dick Boden shot first, and after that the other defendant shot a pistol two or three times while Hunt and Dick were in a general fight. Hunt was wounded in the side next to Dick Boden. On the part of the defense, there was testimony that Hunt provoked the…
1Opinion of the Court
HEAD, J.-
— The first charge requested by the defendants clearly assumes, as a fact, that Pick Roden was in peril, real or apparent, of his life or great bodily harm, at the time Dick Roden shot Hunt, and for this reason was properly refused. Furthermore, its effect is that Pick Roden was not required to retreat, although retreat would not have placed him in no greater peril than that in which he was already involved, or would not have placed him at any greater disadvantage. We understand the rule to be, that it is the duty of the defendant to retreat, unless thereby he would increase his…
2Cases cited2 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Davis v. StateSupreme Court of Alabama · 1890
3Cited by14 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Pippin v. StateSupreme Court of Alabama · 1916
- Bell v. StateSupreme Court of Alabama · 1896
- Powell v. StateAlabama Court of Appeals · 1912
- Mitchell v. StateSupreme Court of Alabama · 1900
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