Scoggins v. State
Supreme Court of Alabama
Appeal'from the Circuit- Court of Lawrence. Tried before the Hon. Ti-iomas R. Roulhac. The appellants, Hollis Scoggins and Chassie Scoggins, were indicted, tried and convicted for an assault upon one Gabe Chilcoat, with a pistol, with the intent to murder, and were sentenced to the penitentiary for four years. . On .the trial of the cause, the evidence for the State tended .to show that while Gabe Chilcoat was riding horseback along a country road, defendants stopped him by…
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Appeal'from the Circuit- Court of Lawrence. Tried before the Hon. Ti-iomas R. Roulhac. The appellants, Hollis Scoggins and Chassie Scoggins, were indicted, tried and convicted for an assault upon one Gabe Chilcoat, with a pistol, with the intent to murder, and were sentenced to the penitentiary for four years. . On .the trial of the cause, the evidence for the State tended .to show that while Gabe Chilcoat was riding horseback along a country road, defendants stopped him by catching hold of the horse’s bridle-, and after exchanging a few words one of the defendant’s fired upon him, and after'…
1Opinion of the CourtHaralson, J.
The 1st charge given by the court asserts a correct proposition of law. The settled rule in this court is, that a defendant must be entirely free from fault in bringing on the difficulty, before he can set up the plea of self-defense. If the facts hypothesized were true, the defendants were not free from fault.—Ellis v. The State, ante, p. 333.
The 2d charge is in the substantial language of section 4856 (3727) of the Code, in defining murder in the second degree on the facts hypothesized, and the charge as given was a very proper instruction in a case of this character.
*374.-.The rule is familiar…
2Cases cited3 opinions
- Kimbrough v. StateSupreme Court of Alabama · 1878
- Leonard v. StateSupreme Court of Alabama · 1880
- Page v. StateSupreme Court of Alabama · 1881
3Cited by16 opinions
- Ragsdale v. StateSupreme Court of Alabama · 1901
- Whittle v. StateSupreme Court of Alabama · 1921
- Sherrill v. StateSupreme Court of Alabama · 1902
- Walker v. StateSupreme Court of Alabama · 1931
- Norris v. StateAlabama Court of Appeals · 1917
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