Terry v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lawrence County ; Robt. C. Brickell, Judge. Lum Terry was convicted of manslaughter in the first degree, and he appeals. The following is the charge given for the state: If you believe from the evidence in this case beyond a reasonable doubt that the defendant entered into the fight willingly, that resulted in the death of John Graham, then the defendant cannot invoke the doctrine of self-defense.
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Appeal from Circuit Court, Lawrence County ; Robt. C. Brickell, Judge. Lum Terry was convicted of manslaughter in the first degree, and he appeals. The following is the charge given for the state: If you believe from the evidence in this case beyond a reasonable doubt that the defendant entered into the fight willingly, that resulted in the death of John Graham, then the defendant cannot invoke the doctrine of self-defense. The following charges were given for the defendant: (4) The court charges the jury that, if they are reasonably satisfied from the evidence in this case that at the time…
1Opinion of the CourtMerritt, J.
The appellant was convicted of manslaughter in the first degree and his punishment fixed at eight years in the penitentiary. At the time of the killing, the defendant and the deceased were living in an abandoned house, where they were engaged in the manufacture and sale of prohibited liquors. The defendant claimed justification by self-defense. There was evidence tending to show that the defendant undertook to conceal the crime by placing the body in a hole in the ground, inside the house in which they were living, and covering it with dirt. The defendant’s testimony controverted this, as…
2Cases cited4 opinions
- Lamar v. KingSupreme Court of Alabama · 1910
- Southern Ry. Co. v. WyleySupreme Court of Alabama · 1917
- Madison v. StateSupreme Court of Alabama · 1916
- Waller v. StateSupreme Court of Alabama · 1889
3Cited by5 opinions
- Sterrett v. StateAlabama Court of Appeals · 1943
- Patrick v. StateAlabama Court of Appeals · 1921
- Thompson v. StateAlabama Court of Appeals · 1930
- Alford v. StateAlabama Court of Appeals · 1926
- Lee v. StateAlabama Court of Appeals · 1938