Brown v. State
Supreme Court of Alabama
From tbe Circuit Court of Marengo. Tried before tbe Hon. Wm. E. Clarke. Tbe defendant in this case, Edwin J. Brown, was indicted for tbe murder of David S. Jordan, by shooting bim witb a pistol; was tried on issue joined on tbe plea of not guilty, convicted on tbe second trial, as shown by the present record, of manslaughter in tbe first degree, and sentenced to bard labor for tbe county for eighteen months.
Read the full summary
From tbe Circuit Court of Marengo. Tried before tbe Hon. Wm. E. Clarke. Tbe defendant in this case, Edwin J. Brown, was indicted for tbe murder of David S. Jordan, by shooting bim witb a pistol; was tried on issue joined on tbe plea of not guilty, convicted on tbe second trial, as shown by the present record, of manslaughter in tbe first degree, and sentenced to bard labor for tbe county for eighteen months. Tbe indictment was found in Clarke county, but tbe trial was removed to Marengo on tbe application of tbe defendant. Tbe difficulty • between tbe parties, as tbe bill of exceptions shows,…
1Opinion of the CourtClopton, J.
— To successfully invoke the plea of self-defense, there must exist a present, pressing necessity to protect the life of the slayer, or his person from great bodily harm, or the circumstances must be such as would create in the mind of a reasonable, prudent man, the honest belief of such necessity, though it may not be real; the slayer must not be the aggressor, nor provoke, nor encourage the rencontre; and he must retire from the combat, if there be a mode of escape, which will not endanger his safety. Mere pursuit, without intent and capacity, or seeming capacity, to take life, or inflict…
2Cases cited7 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- DeArman v. StateSupreme Court of Alabama · 1882
- Jordan v. StateSupreme Court of Alabama · 1886
- Tesney v. StateSupreme Court of Alabama · 1884
- Hadley v. StateSupreme Court of Alabama · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- Tucker v. State Ex Rel. JohnsonCourt of Appeals of Maryland · 1899
- Kirby v. StateSupreme Court of Alabama · 1889
- Wilkins v. StateSupreme Court of Alabama · 1893
- Holmes v. StateSupreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.