Kyser v. State

Alaric O'Neal Kyser was indicted for the murder of Kenya Shepard but convicted of manslaughter and sentenced to ten years' imprisonment. Two issues are raised on this appeal from that conviction.

I

The trial judge's charge that the appellant had a duty to retreat if he could have retreated "without unreasonably endangering himself" was improper because "unreasonable endangerment" is not the proper standard under the common law of this state and especially under our Criminal Code.

Before the adoption of Alabama's new Criminal Code, a defendant claiming self-defense had the burden of going forward…