Legal Opinion

Fuqua v. State

Alabama Court of Appeals

Decided March 18, 1930No. 8 Div. 846PublishedCited by 1 opinion

1Opinion of the CourtRice, J.

One of the defenses embraced in appellant’s plea to the indictment, was that known as “self defense.” There was testimony introduced by her, tending to support her contention in this regard.

In his general charge to the jury, the court charged, as a part of the law of the ease: “The burden of proof under the plea of self defense is first upon the defendant to prove the second and third elements of self defense, that is, that he was in danger, either real or apparent, at the time he shot, of losing his own life or of receiving grievous bodily harm and that he could not retreat without…

2Cases cited3 opinions

  1. Baker v. StateAlabama Court of Appeals · 1923
  2. Perry v. StateSupreme Court of Alabama · 1924
  3. Jones v. StateAlabama Court of Appeals · 1929

3Cited by1 opinion

  1. Fuqua v. StateAlabama Court of Appeals · 1930

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