Naugher v. State
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. Leroy F. Box. The appellant was indicted and tried for the murder of one Powell Hancock, and was convicted of murder in the second degree, and sentenced to the penitentiary for ten years.
Read the full summary
Appeal from the Circuit Court of St. Clair. Tried before the Hon. Leroy F. Box. The appellant was indicted and tried for the murder of one Powell Hancock, and was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. Several of the witnesses in behalf of the State, testified that on the day Powell Hancock was killed, they heard four gun shots in the direction of the defendant’s house, and shortly after met the defendant going from his house; that “the defendant said he had killed one d — d rascal, and would kill another if he fooled with him ;’’ that upon…
1Opinion of the CourtColeman, J.
The defendant was indicted for murder which resulted on the trial in his conviction of murder in the second degree. The important question in the case arises from the refusal of the court to give charge No. 1 requested by the defendant. Generally in order to sustain the plea of self-defense, it is incumbent upon the defendant to show, first, that at the time there was a necessity to take life, or that the circumstances were such as. t.o create in the mind of the defendant a reasonable belief that it was necessary in order to save life or to prevent great bodily harm; second, that there *30was no…
2Cases cited7 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Jones v. StateSupreme Court of Alabama · 1884
- Harris v. StateSupreme Court of Alabama · 1892
- Lee v. StateSupreme Court of Alabama · 1890
- Holmes v. StateSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Taylor v. StateSupreme Court of Georgia · 1904
- Payne v. StateCourt of Criminal Appeals of Alabama · 1972
- Roberson v. StateSupreme Court of Alabama · 1913
- Compton v. StateSupreme Court of Alabama · 1895
- Craven v. StateAlabama Court of Appeals · 1927
20 more not listed; retrieve them via the Exa API.