Ex parte Johnson
Supreme Court of Alabama
Certiorari to Court of Appeals. Luther Johnson was convicted of murder. The conviction having been affirmed by the Court of Appeals (8 Ala. App. If, 62 South. f50), he brings certiorari. Charge If referred to is as follows: “If defendant was free from fault in bringing on the difficulty, he was under no obligation to retreat, unless you believe he could have retreated without increasing his danger, or with reasonable safety.”
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Certiorari to Court of Appeals. Luther Johnson was convicted of murder. The conviction having been affirmed by the Court of Appeals (8 Ala. App. If, 62 South. f50), he brings certiorari. Charge If referred to is as follows: “If defendant was free from fault in bringing on the difficulty, he was under no obligation to retreat, unless you believe he could have retreated without increasing his danger, or with reasonable safety.” The appellate court was in error in holding that charge If requested by the defendant was properly refused. — Bluett v. State, 151 Ala. fl, and cases there cited. The…
1Opinion of the CourtMayfield, J.
— The majority of the court are of the opinion that charge If, requested by the defendant, *89stated, a correct proposition of law applicable to the case, and that its refusal by the trial court was reversible error. The Court of Appeals justified its refusal upon the ground that the evidence .was in conflict as to whether defendant was in any danger at the time he shot deceased. This, in our opinion, did not justify its refusal by the trial court.
The charge stating a correct-proposition of law which was applicable'to the case, the accused,could not be deprived of his right to have the jury…
2Cases cited3 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Kennedy v. StateSupreme Court of Alabama · 1903
- Millender v. StateSupreme Court of Alabama · 1908
3Cited by10 opinions
- Bankhead v. StateAlabama Court of Appeals · 1947
- Brown v. StateAlabama Court of Appeals · 1946
- Holland v. StateAlabama Court of Appeals · 1931
- McGilberry v. StateCourt of Criminal Appeals of Alabama · 1987
- Chatman v. StateCourt of Criminal Appeals of Alabama · 1980
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