Legal Opinion

Lundsford v. State

Alabama Court of Appeals

Decided June 30, 1911PublishedCited by 21 opinions

Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Will Lunsford was convicted of manslaughter and he appeals.

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Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Will Lunsford was convicted of manslaughter and he appeals. Counsel discuss the question of self-defense and in support of his contentions cites, on the question of freedom from fault, Waller v. The State, 89 Ala. 79; Robinson v. The State, 45 So. 916; 25 A. & E. Enc. of Law, 268; Fussell v. The State, 94 Ga. 78; Massey v. Commonwealth, 29 S’. W. 871; Newman v. The State, 69 S'. W. 519. Under these authorities it is insisted that the defendant was entitled to go to the jury on the issues of self-defense. — Newsom, v. The State,…

1Opinion of the CourtWalken, P. J.

The deceased, Frank Lewis, was a negro youth, about 19 years of age, who was employed by the defendant as a laborer or servant. He was engaged in service about the defendant’s residence. That he came to his death as the result of a shot fired from a gun in the hands of the defendant is a fact about which there was no dispute in the trial. The conflict in the evidence was as to the circumstances of the shooting. The evidence offered by the prosecution was .to the effect that the deceased ran out of the defendant’s residence; that he was followed by the defendant, who* had the gun in his hand;…

2Cases cited12 opinions

  1. Lewis v. StateSupreme Court of Alabama · 1892
  2. Nelson v. StateSupreme Court of Alabama · 1900
  3. Chapman v. StateSupreme Court of Alabama · 1885
  4. Thomas v. StateSupreme Court of Alabama · 1907
  5. Harkness v. StateSupreme Court of Alabama · 1900

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Spooney v. StateSupreme Court of Alabama · 1928
  2. Montgomery v. StateAlabama Court of Appeals · 1911
  3. Livingston v. StateAlabama Court of Appeals · 1912
  4. Newsom v. StateAlabama Court of Appeals · 1916
  5. Cole v. StateAlabama Court of Appeals · 1917

16 more not listed; retrieve them via the Exa API.

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