Reese v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court .of Lowndes. . Tried before the Hon. J. C. Richardson. The appellant was indicted and tried for murder in the second degree for killing one Ed Jones by shooting him with a gun, was convicted of murder in the second degree and sentenced to the penitentiary for ten years.
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Appeal from tbe Circuit Court .of Lowndes. . Tried before the Hon. J. C. Richardson. The appellant was indicted and tried for murder in the second degree for killing one Ed Jones by shooting him with a gun, was convicted of murder in the second degree and sentenced to the penitentiary for ten years. On the trial of the cause it was shown that while the defendant and Ed Jones and several other negroes were standing together, the defendant asked Ed Jones to pay him twenty-five cents which he owed him, that the said Jones replied that he did not owe Mm twenty-five cents, but that he had only ten…
1Opinion of the CourtTyson, J.
The necessity that will excuse the talc-ing of human life must not have been produced by the wrongful act of the slayer.—Eiland v. The State, 52 Ala. 532; Lewis v. The State, 51 Ala. 1; Kimbrough v. The State, 62 Ala. 248; Leonard v. The State, 66 Ala. 461. He must not be unmindful of his acts or conduct which are likely to produce a deadly combat, and if by his acts or conduct he shows a willingness to enter the conflict or if by those acts he invites it, he must be held to have produced the necessity for slaying his adversary, and cannot invoke the doctrine of self-defense.
The act and…
2Cases cited3 opinions
- Lewis v. StateSupreme Court of Alabama · 1874
- Kimbrough v. StateSupreme Court of Alabama · 1878
- Leonard v. StateSupreme Court of Alabama · 1880
3Cited by18 opinions
- Hammond v. StateSupreme Court of Alabama · 1906
- Langham v. StateAlabama Court of Appeals · 1915
- Thomas v. StateSupreme Court of Alabama · 1907
- Montgomery v. StateSupreme Court of Alabama · 1909
- Tribble v. StateSupreme Court of Alabama · 1906
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