Johnson v. State
Alabama Court of Appeals
Appeal from Circuit Court, Monroe County; John D. Leigh, Judge. Willis Johnson -was convicted of murder in the second degree, and he appeals.
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Appeal from Circuit Court, Monroe County; John D. Leigh, Judge. Willis Johnson -was convicted of murder in the second degree, and he appeals. The following charges were requested by and refused to the defendant: “Charge 0. The court charges the jury that in attempting to arrest a person without a warrant, unless the offense is committed in the officer’s presence, it is the duty of the officer attempting the arrest to inform the person attempted to be arrested of his authority and the cause of the arrest. “Charge D. The court charges the jury that, under the facts shown by the evidence in-…
1Opinion of the CourtBricken, P. J.
The defendant was indicted for murder in the first degree, was tried, and convicted for the offense of murder in the second degree, and appeals.
We gather from the record and briefs of counsel that the insistence of the state was to the effect that the deceased, one High-tower, had ‘been specially deputized by the sheriff to arrest the defendant on a charge of felony, alleged to have been committed in Clarke county, and that, while attempting to make said arrest, he was unlawfully shof and killed by this defendant.
The defendant admitted the killing of Hightower by him, but contended that he…
2Cases cited18 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Maxwell v. StateSupreme Court of Alabama · 1889
- State ex rel. Leal v. JonesIndiana Supreme Court · 1862
- Adams v. StateSupreme Court of Alabama · 1912
- Sanders v. StateSupreme Court of Alabama · 1913
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3Cited by2 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Duncan v. StateSupreme Court of Alabama · 1965