Bean v. Stephens
Supreme Court of Alabama
Appeal from Circuit Court, Jackson County ; W. W. Haralson, Judge. Action by Lizzie Stephens, as administratrix, against John C. Bean, for the wrongful death of George Stephens. From a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Jackson County ; W. W. Haralson, Judge. Action by Lizzie Stephens, as administratrix, against John C. Bean, for the wrongful death of George Stephens. From a judgment for plaintiff, defendant appeals. Defendant’s pleas 5, 6, and 7 read as follows : “(5) The defendant says that the act of the defendant resulting in the death of the deceased was done in self-defense in this: The deceased was at the time making a violent assault upon the defendant, which placed the defendant in imminent danger to liis life or of serious bodily harm, or reasonably appeared to place him…
1Opinion of the Court
McCLELLAN, j.
The plaintiff (appellee), as administratrix of the estate of George Stephens, deceased, was awarded judgment against appellant in her action under the Homicide Act (Code, § 2486) for the death of Stephens, which was caused by appellant’s shooting him with a pistol. In counts 1, 2, 3, and 4, respectively, the plaintiff alleged that the killing was done “wrongfully” by appellant; was done “wrongfully and unlawfully” ; was done “wrongfully, unlawfully, or wantonly”; was committed “wrongfully, unlawfully, or wantonly, or maliciously.” It appears' from the record that, besides general…
2Cases cited5 opinions
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- Lessley v. PraterSupreme Court of Alabama · 1917
- Beech v. StateSupreme Court of Alabama · 1921
3Cited by9 opinions
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