Rose v. Magro

The suit was civil action for homicide; the verdict was for defendant.

The plea of self-defense interposed was challenged on several grounds. Was it defective in the failure of averment of facts rather than the statements by way of conclusion? Vaughn v. Dwight Mfg. Co., 206 Ala. 552, 91 So. 77. It specifically averred that immediately before and at the time of the shooting of intestate by the defendant, the conduct of plaintiff’s intestate was such as to justify a reasonably prudent person, under like circumstances, in believing his life was in danger, or that he was about to suffer grievous…