Mathes v. State
Alabama Court of Appeals
Appeal from Baldwin Circuit Court. Heard before Hon. A. E. Gamble. Andrew’ J. Mathes w’as convicted of murder in tbe second degree, and be appeals. Tbe following charges were refused to tbe defendant: (1) “In tbis case tbe proof show’s that the killing was done in a sudden rencounter. Tbe defendant sets up tbe defense that be did tbe killing in bis own necessary self-defense.
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Appeal from Baldwin Circuit Court. Heard before Hon. A. E. Gamble. Andrew’ J. Mathes w’as convicted of murder in tbe second degree, and be appeals. Tbe following charges were refused to tbe defendant: (1) “In tbis case tbe proof show’s that the killing was done in a sudden rencounter. Tbe defendant sets up tbe defense that be did tbe killing in bis own necessary self-defense. If you believe from tbe evidence introduced that at tbe time of tbe killing tbe defendant was free from fault in bringing on tbe difficulty, and bad a right as a reasonable man to believe from tbe language and conduct of…
1Opinion of the CourtPelham, J.
Appellant was indicted for murder in the first degree, and convicted of murder in the second degree. The defendant moved to quash the indictment, and also filed pleas in abatement setting up that the grand jury Avhicli returned the indictment was not organized according to law in that the judge of the court who organized the grand jury, before proceeding to organize said grand jury from those jurors then in attendance upon the court, dreAV from the jury box the names of sufficient additional jurors necessary to complete the juries required, and that such names last drawn were placed in the…
2Cases cited15 opinions
- Harrington v. StateSupreme Court of Alabama · 1887
- Nordan v. StateSupreme Court of Alabama · 1904
- Spivey v. StateSupreme Court of Alabama · 1911
- Fryer v. StateSupreme Court of Alabama · 1906
- Nugent v. StateSupreme Court of Alabama · 1851
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3Cited by3 opinions
- Brand v. StateAlabama Court of Appeals · 1915
- Curtis v. StateAlabama Court of Appeals · 1913
- Jones v. StateSupreme Court of Alabama · 1913