Legal Opinion

Terry v. State

Alabama Court of Appeals

Decided March 23, 1917PublishedCited by 6 opinions

Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. James Terry was indicted for murder, convicted of manslaughter in the first degree, and. he appeals. The facts sufficiently appear. The following are the charges refused to defendant: (1) The court charges the jury that defendant was at his place of business, and under no obligation to retreat unless he was at fault in bringing on the difficulty.

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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. James Terry was indicted for murder, convicted of manslaughter in the first degree, and. he appeals. The facts sufficiently appear. The following are the charges refused to defendant: (1) The court charges the jury that defendant was at his place of business, and under no obligation to retreat unless he was at fault in bringing on the difficulty. (2) The court charges the jury that the defendant, if after hearing of the threats, and when deceased came to his place and began to abuse him, if you find that he did, then…

1Opinion of the Court

BROWN, P. J.(1) In the absence of evidence tending to show that the motive for the homicide was to prevent deceased’s attention to “the McClanahan woman,” the evidence elicited by the state that the defendant and deceased were frequent visitors of this woman was wholly immaterial and should not have been admitted. We have examined the record carefully for such tendencies in the evidence, and find nothing that affords an inference that such was defendant’s motive for killing Mathews.(2) The defendant examined two witnesses, McAnnally and Graham, who testified that they had known the defendant…

2Cases cited12 opinions

  1. Way v. StateSupreme Court of Alabama · 1908
  2. Andrews v. StateSupreme Court of Alabama · 1909
  3. McGhee v. StateSupreme Court of Alabama · 1912
  4. Holland v. BarnesSupreme Court of Alabama · 1875
  5. McCutchen v. LogginsSupreme Court of Alabama · 1895

7 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Cole v. StateAlabama Court of Appeals · 1917
  2. Vaughn v. StateAlabama Court of Appeals · 1920
  3. Russell v. StateSupreme Court of Alabama · 1929
  4. Samples v. StateAlabama Court of Appeals · 1917
  5. Fennell v. StateAlabama Court of Appeals · 1919

1 more not listed; retrieve them via the Exa API.

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