Langham v. State
Alabama Court of Appeals
Murder. Appeal from Conecuh Circuit Court. Heard before Hon. A. E. Gamble. Charlie Langham was convicted of manslaughter, and he appeals. The facts sufficiently appear.
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Murder. Appeal from Conecuh Circuit Court. Heard before Hon. A. E. Gamble. Charlie Langham was convicted of manslaughter, and he appeals. The facts sufficiently appear. The following charges were refused to defendant: (2) If, after looking at all the evidence in the case, your minds are left in such a state of uncertainty that you cannot say beyond a reasonable doubt whether defendant acted upon the well-grounded and reasonable belief that it was necessary to shoot and take the life of John Bell to save himself from great bodily harm or death, or that he shot before such impending necessity…
1Opinion of the CourtBrown, J.
The necessity that will excuse the taking of human life must not have been produced or invited by the wrongful act or word of the slayer. He must be mindful of his acts or conduct which are likely to produce a deadly combat; and, if his acts or conduct show a willingness to enter into- combat, or if his acts or words in any way invite it, in the eye of the law he has produced a necessity for slaying his adversary, and he cannot invoke the doctrine of self-defense. It is not enough that he is reasonably free from fault. He must-be entirely free.—Brewer v. State, 160 Ala. 66, 49 South. 336;…
2Cases cited20 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Lewis v. StateSupreme Court of Alabama · 1892
- Childress v. StateSupreme Court of Alabama · 1888
- Mitchell v. StateSupreme Court of Alabama · 1896
- Brewer v. StateSupreme Court of Alabama · 1909
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Holloway v. StateAlabama Court of Appeals · 1952
- Lacey v. StateAlabama Court of Appeals · 1915
- Chambers v. StateCourt of Criminal Appeals of Alabama · 1980
- McCoy v. StateSupreme Court of Alabama · 1930
- Raines v. StateCourt of Criminal Appeals of Alabama · 1984
24 more not listed; retrieve them via the Exa API.