Legal Opinion

Lee v. State

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 33 opinions

From the City Court of Montgomery. Tried before the lion. Thos. M. Arrington. The appellant was indicted and tried for the murder of one Monroe Walker, by shooting him with a pistol; and was convicted of manslaughter in the first degree. The evidence, as adduced on the trial, is sufficiently stated in the opinion.

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From the City Court of Montgomery. Tried before the lion. Thos. M. Arrington. The appellant was indicted and tried for the murder of one Monroe Walker, by shooting him with a pistol; and was convicted of manslaughter in the first degree. The evidence, as adduced on the trial, is sufficiently stated in the opinion. After the court, of its own motion, in its general charge, had charged the jury that “the law applicable to the defense of one’s castle has no application to this case,” and that the “defendant was bound to retreat if he could without being put to disadvantage, rather than take the…

1Opinion of the CourtWalker, J.

The evidence tended to show the following state of facts: The appellant, Ed Lee, rented a large farm during the year 1890, upon which he resided himself, and a portion of which he sub-rented that year to one Monroe Walker. Lee rented the same farm for the year 1891, and continued to occupy it. Walker made arrangements to work on the plantation of one Westcott for the year 1891, but, with Lee’s permission, left his family on the latter’s place, until a house could be pillared for them on the Westcott place. After January 1, 1891, Walker had no right on (he Lee farm, except to occupy with his…

2Cases cited5 opinions

  1. Pond v. PeopleMichigan Supreme Court · 1860
  2. Jones v. StateSupreme Court of Alabama · 1884
  3. Carroll v. StateSupreme Court of Alabama · 1853
  4. Simpson v. StateSupreme Court of Alabama · 1877
  5. Carter v. StateSupreme Court of Alabama · 1886

3Cited by33 opinions

  1. Hornsby v. StateSupreme Court of Alabama · 1891
  2. United States v. Bennie L. PetersonCourt of Appeals for the D.C. Circuit · 1973
  3. Suell v. DerricottSupreme Court of Alabama · 1909
  4. McGhee v. StateSupreme Court of Alabama · 1912
  5. State v. BartmessOregon Supreme Court · 1898

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