Underwood v. State
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Hansom Underwood was convicted of murder in tbe second degree, and he appeals. . The facts sufficiently appear from the opinion of the court.
Read the full summary
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Hansom Underwood was convicted of murder in tbe second degree, and he appeals. . The facts sufficiently appear from the opinion of the court. The following charges Avere refusel to the defendant : (7) “The court charges the jury that, if, from all the evidence, you have a reasonable doubt as to whether it was necessary for the defendant to shoot the deceased to save his OAvn life or prevent great bodily harm being-done him, you Avill acquit defendant.” (03) “I charge you that defendant Avas under no duty to retreat, unless he…
1Opinion of the Court
de GRAFFENRIED, J.
The defendant was indicted for murder in the first degree, and was convicted of murder in the second degree and sentenced to the penitentiary for 35 years.
The homicide was committed in the town of Cordova, where the deceased, William Tuggle, was shot by the .defendant while the parties were in a gristmill. Both of the parties had carried corn to the mill at the above point, to be ground into meal. Both of them were, for several hours before the difficulty, about upon the streets of Cordova, and the deceased on that day had a difficulty in the town of Cordova with the father…
2Cases cited4 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Jackson v. StateSupreme Court of Alabama · 1911
- Curtis v. StateSupreme Court of Alabama · 1897
- Savage v. StateSupreme Court of Alabama · 1912
3Cited by20 opinions
- Nickerson v. StateSupreme Court of Alabama · 1921
- Gardner v. StateAlabama Court of Appeals · 1920
- Kyser v. StateCourt of Criminal Appeals of Alabama · 1987
- Cosby v. StateSupreme Court of Alabama · 1959
- Walker v. StateSupreme Court of Alabama · 1931
15 more not listed; retrieve them via the Exa API.