Hutcheson v. State
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Cora Hutcheson was convicted of murder, and appeals. The facts are that Cora Hutcheson’s husband was kilied, that the killing took place in the home of the deceased and the defendant, and that death resulted from a gunshot wound fired by the defendant.
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Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Cora Hutcheson was convicted of murder, and appeals. The facts are that Cora Hutcheson’s husband was kilied, that the killing took place in the home of the deceased and the defendant, and that death resulted from a gunshot wound fired by the defendant. The following charges were refused to the defendant: (10) “I charge you, gentlemen of the jury, that proof of good character by the defendant, when supported by other evidence in the case, is sufficient to generate a reasonable doubt as to the defendant’s guilt; and if the…
1Opinion of the CourtEvans, J.
In the case of Storey v. State, 71 Ala., at the bottom of page 336 Justice Somerville, writing the opinion of the court, it is said: “Where, however, the assault is manifestly felonious in its purpose and forcible in its nature, as in murder, rape, robbery, burglary, and the like as distinguished from secret felonies, like mere larceny from the person, or the picking of *31one’s pocket, the party attacked is under no obligation to retreat. But he may, if necessary, stand bis ground and kill Ms adversary.” This statement, however, is explained and qualified at the bottom of page 387, as follows:…
2Cases cited4 opinions
- Jones v. StateSupreme Court of Alabama · 1884
- Goldsmith v. StateSupreme Court of Alabama · 1894
- Grant v. StateSupreme Court of Alabama · 1892
- Springfield v. StateSupreme Court of Alabama · 1892
3Cited by11 opinions
- Watts v. StateSupreme Court of Alabama · 1912
- Hill v. StateSupreme Court of Alabama · 1915
- Baugh v. StateSupreme Court of Alabama · 1927
- Matthews v. StateSupreme Court of Alabama · 1915
- Walker v. StateSupreme Court of Alabama · 1930
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