Johnson v. State
Alabama Court of Appeals
Murder. Appeal from Winston Circuit Court. Heard before Hon. C. P. Almon. Lutber Johnson was convicted of murder, and he appeals. (This case was reviewed by the Supreme Court on certiorari-and the writ denied. See 193 Ala. 678, 69 South. 1020. — Reporter.) The facts sufficiently appear.
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Murder. Appeal from Winston Circuit Court. Heard before Hon. C. P. Almon. Lutber Johnson was convicted of murder, and he appeals. (This case was reviewed by the Supreme Court on certiorari-and the writ denied. See 193 Ala. 678, 69 South. 1020. — Reporter.) The facts sufficiently appear. Charge 28 refused the defendant is as follows: “If there is one fact -proven in this case, which one fact is not consistent with the guilt of the defendant, then under the law yo,u must acquit him.” The following exceptions were reserved to the following language of counsel for the state, while addréssing the…
1Opinion of the CourtBrown, J.
This is the third appeal in this case, and in the reports of the case on the former appeals ivill be found a summary of the facts attending the homicide.—Johnson v. State, 4 Ala. App. 47, 57 South. 593; Johnson v. State, 8 Ala. App. 14, 62 South. 450; Ex parte Johnson, 183 Ala. 88, 63 South. 73.
It is sufficient to say that the evidence on the part of the state tended to show that the homicide was unprovoked and unjustifiable, while that offered by the defendant tended to show that the defendant acted in self-defense. '(1) Before the witness Harper was examined by the state, the fact was…
2Cases cited14 opinions
- State v. KentNorth Dakota Supreme Court · 1895
- Ex parte DavisSupreme Court of Alabama · 1913
- Prince v. StateSupreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Walker v. StateSupreme Court of Alabama · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Handley v. StateSupreme Court of Alabama · 1925
- McCrory v. StateCourt of Criminal Appeals of Alabama · 1986
- Brooks v. StateCourt of Criminal Appeals of Alabama · 1969
- Ex Parte FordSupreme Court of Alabama · 1925
- Streeter v. StateSupreme Court of Alabama · 1965
4 more not listed; retrieve them via the Exa API.