Legal Opinion

Robinson v. State

Supreme Court of Alabama

Decided October 19, 1939No. 6 Div. 584PublishedCited by 4 opinions

1Opinion of the Court

On the evidence stated by the Court of Appeals in the opinion of that court, we hold that the question of self-defense was for the jury. The evidence tends to show that the defendant offensively disputed the truth of statements made by the wife of deceased, and this immediately brought on the fight. Whether or not he was free from fault was therefore for the jury. Whether his subsequent acts in attempting to get out of the way of deceased was a bona fide withdrawal from the difficulty re-establishing his right to invoke self-defense was also for the jury.

Taking as a basis the findings of the…

2Cases cited2 opinions

  1. Smith v. StateSupreme Court of Alabama · 1913
  2. Milligan v. StateSupreme Court of Alabama · 1922

3Cited by4 opinions

  1. Kabase v. StateSupreme Court of Alabama · 1943
  2. Espey v. StateAlabama Court of Appeals · 1944
  3. Boutwell v. StateAlabama Court of Appeals · 1944
  4. Jones v. StateAlabama Court of Appeals · 1944

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