McCarty v. State

The exceptions reserved to the introduction of evidence are so clearly without merit that we deem it unnecessary to consider them separately. Appellant, recognizing this, does not insist upon any of them.

Refused charge 7 ignores the doctrine of retreat and freedom from fault. For these reasons it is bad. Gaston v. State, 161 Ala. 37, 49 So. 876; Griffin v. State, 165 Ala. 29, 50 So. 962; Cox v. State, 19 Ala. App. 205, 96 So. 83. Sometimes this charge is properly given and sometimes not, depending on the facts of the particular case. Chaney v. State, 178 Ala. 44, 59 So. 604.

Refused charge 8…