Kelly v. State
Alabama Court of Appeals
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Soloman Kelly was convicted of manslaughter,- and appeals.
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Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Soloman Kelly was convicted of manslaughter,- and appeals. The following is charge 1 refused to the defendant: (1) I charge you, gentlemen of the jury, that if a man has been threatened by another, and he honestly believes, and there are reasonable grounds for him to believe, that the deceased intended to take his life or to inflict upon him great-bodily harm, then such a person would have the right to be. armed for self-protection, provided Ms purpose was merely to defend himself from an assault, or an attack by such person so…
1Opinion of the Court
Although the record is voluminous, containing, as it does, 125 pages, there are but 4 rulings of the court insisted upon as error by the appellant.
There were numerous witnesses offered by the defendant, who testified to his good character, and, on cross-examination by counsel for the state, these witnesses testified that they had not heard about his shooting Alto Baxter; or about his knocking Den McLain in the head with a shotgun; nor his cutting John Dillara with a knife; or running into Willie Shipman with a razor; or about his interfering with Mr. Teal when he was about to arrest his…
2Cases cited4 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Vaughan v. StateSupreme Court of Alabama · 1918
- Stout v. StateAlabama Court of Appeals · 1916
- Johnson v. StateAlabama Court of Appeals · 1917
3Cited by10 opinions
- State v. GilbertIdaho Supreme Court · 1943
- Sanders v. StateSupreme Court of Alabama · 1943
- White v. StateAlabama Court of Appeals · 1960
- Tanner v. StateAlabama Court of Appeals · 1953
- Morris v. StateAlabama Court of Appeals · 1932
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