McCutcheon v. State
Alabama Court of Appeals
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Thomas McCutcheon was tried for murder, convicted of manslaughter, and he appeals.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Thomas McCutcheon was tried for murder, convicted of manslaughter, and he appeals. The following áre the charges mentioned in the opinion : (M) “It is not necessary, under the evidence in this case, that the defendant should have been in actual danger of death or great bodily harm at the time he killed Hood, if you find that he did kill him, or that retreat would have really increased his peril, in order for him to be justified in throwing the rock and killing Hood. He had the right to act on the appearances of things at the…
1Opinion of the Court
PELHAM, J. —
The trial of the defendant on an indictment charging murder resulted in conviction of manslaughter. No question is presented upon this appeal, except the ruling of the trial court in refusing a number of written charges requested by the defendant. Among the number refused is charge designated in the bill of exceptions as charge M. This charge, as it appears in the record, has been twice approved by the Supreme Court (Bluitt v. State, 161 Ala. 14, 49 South. 854; Bluitt v. State, 151 Ala. 41, 44 South. 84), and the principles of law embodied in it have been approved many times. The…
2Cases cited7 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Yarbrough v. StateSupreme Court of Alabama · 1894
- Bluitt v. StateSupreme Court of Alabama · 1909
- Fowler v. StateSupreme Court of Alabama · 1908
- Griffin v. StateSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Langston v. StateAlabama Court of Appeals · 1913
- Tyus v. StateAlabama Court of Appeals · 1914
- Bell v. StateAlabama Court of Appeals · 1925
- Minor v. StateAlabama Court of Appeals · 1918
- Kirkley v. StateAlabama Court of Appeals · 1924