Teel v. State
Alabama Court of Appeals
Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Robert Teel was indicted for murder in the first degree, convicted of manslaughter in the first degree, and he appeals. It is alleged that Teel killed Gordon Jones by striking him with a stick. The difficulty occurred in .a tie yard, where both the defendant and the deceased were hauling and banking ties.
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Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Robert Teel was indicted for murder in the first degree, convicted of manslaughter in the first degree, and he appeals. It is alleged that Teel killed Gordon Jones by striking him with a stick. The difficulty occurred in .a tie yard, where both the defendant and the deceased were hauling and banking ties. The evidence was in sharp conflict as to who was the aggressor, and as to the matter of self-defense, but it was undisputed that the deceased died from the effects of a blow on the head from a stick in the hands of the…
1Opinion
On Rehearing.
[5] In view of the fact that the latest expressions of the Supreme Court seem to hold that charge A should be given, irrespective of the hypothesis of freedom from fault, we are compelled to recede from the original opinion in this case. O’Rear v. State, 188 Ala. 71, 66 South. 81; Minor v. State, 16 Ala. App. 401, 78 South. 317; Langston v. State, 8 Ala. App. 129, 63 South. 38; Tyus v. State, 10 Ala. App. 10, 64 South. 516.
The application for rehearing is granted, affirmance is set aside, and the cause is reversed and remanded.
Reversed and remanded.
2Cases cited4 opinions
- O'Rear v. StateSupreme Court of Alabama · 1914
- Langston v. StateAlabama Court of Appeals · 1913
- Tyus v. StateAlabama Court of Appeals · 1914
- Minor v. StateAlabama Court of Appeals · 1918