Osborn v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. A. H. Alston. Mary Lucinda Osborn was convicted of murder in the first degree, and she appeals. The indictment charges the killing of Lula, whose name is to-the grand jury otherwise unknown, by cutting her, or by stabbing her with a knife.
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Appeal from Jefferson Criminal Court. Heard before Hon. A. H. Alston. Mary Lucinda Osborn was convicted of murder in the first degree, and she appeals. The indictment charges the killing of Lula, whose name is to-the grand jury otherwise unknown, by cutting her, or by stabbing her with a knife. The following charges were refused to defendant : “(18) The court charges the jury that a defendant is warranted in acting more promptly in her own defense when assailed by a person who she knows has made threats of taking her life than when assailed by one who has made no such threat.” (19) Same as…
1Opinion of the CourtThomas, J.
The defendant was convicted of murder in the first degree, and sentenced to imprisonment for the term of her natural life.(1) In all civil and criminal cases the judge must charge the jury in writing, if the charge is requested to be so given by either party, “and notice of such requisition is given [the court] after the testimony is closed, and before the argument to the jury is commenced.”—Code, 1907, vol. 2, § 5363; Wilson v. State, 171 Ala. 25, 35, 54 South. 572; Ragland v. State, 125 Ala. 12, 27 South. 983; Orr v. State, 117 Ala. 69, 23 South. 696.
The demand that the charge of the court…
2Cases cited13 opinions
- Davis v. StateSupreme Court of Alabama · 1914
- Adams v. StateSupreme Court of Alabama · 1912
- Duvall v. StateSupreme Court of Alabama · 1879
- Ragland v. StateSupreme Court of Alabama · 1899
- Kennedy v. StateSupreme Court of Alabama · 1903
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3Cited by1 opinion
- Southern Ry. Co. v. J. H. White Mercantile Co.Supreme Court of Alabama · 1922