Williams v. State
Alabama Court of Appeals
Appeal from Circuit Court, Cherokee County; O. A. Steele, Judge. William Williams was convicted of murder in the second degree, and he appeals.
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Appeal from Circuit Court, Cherokee County; O. A. Steele, Judge. William Williams was convicted of murder in the second degree, and he appeals. The following is charge 7, refused to the defendant: (7) The court charges the jury that it is not necessary_ under the evidence in this case that defendant should have been actually in danger of death or great bodily harm at the time he fired the fatal shot, or that retreat would have really increased his peril, in order for him to have been justified in shooting deceased. He had the right to act on the appearance of things at the time, taken in the…
1Opinion of the Court
The defendant was indicted for and convicted of murder in the second degree, and sentenced to the penitentiary for 12 years.
There was no objection to the introduction of any of the testimony, and the defendant relies for error upon his exceptions to certain portions of the oral charge of the court, to the action of the court in refusing certain charges requested by him in writing, and upon the action of the court in overruling his motion for a new trial. Considering first the action of the court in refusing to grant the motion for a new trial, appellant's counsel earnestly insists that the…
2Cases cited12 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Burkett v. StateSupreme Court of Alabama · 1908
- Tucker v. StateSupreme Court of Alabama · 1910
- Chestnut v. StateAlabama Court of Appeals · 1913
- Wright v. StateSupreme Court of Alabama · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bailey v. StateAlabama Court of Appeals · 1928