Morrissette v. State
Alabama Court of Appeals
Appeal from Circuit Court, Dallas County; J. B. Evans, Judge. Oscar Morrissette was convicted of an assault with, intent to murder, and apiieais. The following charges were refused to defendant: (1) If you believe from the evidence in this case that defendant bona fide withdrew from the difficulty, even though he provoked the difficulty, then he would have the right to set up such defense.
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Appeal from Circuit Court, Dallas County; J. B. Evans, Judge. Oscar Morrissette was convicted of an assault with, intent to murder, and apiieais. The following charges were refused to defendant: (1) If you believe from the evidence in this case that defendant bona fide withdrew from the difficulty, even though he provoked the difficulty, then he would have the right to set up such defense. (2) If you are satisfied from the evidence in this case that defendant is free from fault in bringing on the difficulty, and that defendant bona fide retreated, and if you are further satisfied from the…
1Opinion of the CourtBrown, P. J.
[1, 2] Charge 1 refused to the defendant ignores the burden resting upon bim, essential to bis right to plead self-defense, to show that be was in impending peril of life or limb at tbe time be fired on Givan witb a deadly weapon. It also assumes that Givan, after defendant’s withdrawal in good faith, pursued him, or renewed the difficulty and became the assailant. Brewer v. State, 160 Ala. 66, 49 South. 336.
[3, 4] Charge 2, as worded, has a tendency to mislead to the conclusion that the court entertained the view that Givan assaulted or threatened to assault defendant. It was subject to tbe…
2Cases cited3 opinions
- Woodson v. StateSupreme Court of Alabama · 1910
- McPherson v. StateSupreme Court of Alabama · 1916
- Brewer v. StateSupreme Court of Alabama · 1909
3Cited by12 opinions
- Stone v. StateSupreme Court of Alabama · 1922
- Montgomery v. StateSupreme Court of Alabama · 1920
- Durham v. StateWyoming Supreme Court · 1922
- Cain v. StateAlabama Court of Appeals · 1917
- Moss v. StateCourt of Criminal Appeals of Alabama · 1988
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