Kilgore v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Fayette. Tried before Hon. S. H. Spbott. Tbe facts in tliis case are set out in full in tbe opinion. A number of charges were requested by tbe defendant, but it is unnecessary to copy them all in full. One, 2, 4, and 8 request acquittal if tbe jury believe tbe defendant was in peril of bis life, but they ignore tbe elements of necessity to retreat and freedom from fault in bringing on tbe difficulty, contained in tbe doctrine of self-defense.
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Appeal from tbe Circuit Court of Fayette. Tried before Hon. S. H. Spbott. Tbe facts in tliis case are set out in full in tbe opinion. A number of charges were requested by tbe defendant, but it is unnecessary to copy them all in full. One, 2, 4, and 8 request acquittal if tbe jury believe tbe defendant was in peril of bis life, but they ignore tbe elements of necessity to retreat and freedom from fault in bringing on tbe difficulty, contained in tbe doctrine of self-defense. Three and 6 ignore tbe element of freedom from fault in causing tbe difficulty. Charge 5 asserts that tbe burden of…
1Opinion of the CourtDowdell, J.
— Upon the call of this cause in the trial court, the solicitor having announced ready, the defendant moved for a continuance .on account of the absence of witnesses who had been subpoenaed, and upon *27tlie refusal of tlie court to grant tlie continuance duly excepted. Tlie question of tlie continuance of a cause, is one that rests in the sound discretion of the court trying the cause, and is not subject to revision on appeal unless it be shown that the discretion has been abused. There is nothing in the record tending to show any abuse of the discretion exercised by the court in denying the…
2Cases cited3 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Walker v. StateSupreme Court of Alabama · 1897
- Wilkins v. StateSupreme Court of Alabama · 1893
3Cited by17 opinions
- Wade v. StateSupreme Court of Alabama · 1921
- Pugh v. StateAlabama Court of Appeals · 1964
- Sanderson v. StateSupreme Court of Alabama · 1910
- Stevens v. StateSupreme Court of Alabama · 1902
- Angling v. StateSupreme Court of Alabama · 1902
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