Dabney v. State
Supreme Court of Alabama
Indictment for Murder. Appeal from the City Court of Montgomery. The appellant was indicted and tried for the murder of Flem Faulkner, was convicted of murder in the second degree, and sentenced to the penitentiary for twelve years.
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Indictment for Murder. Appeal from the City Court of Montgomery. The appellant was indicted and tried for the murder of Flem Faulkner, was convicted of murder in the second degree, and sentenced to the penitentiary for twelve years. The evidence for the State, as shown by the bill of exceptions, tended to show that upon the night of the killing, Flem Faulkner came to the house which was occupied by his wife, Harriet Faulkner, and asked for admittance; that he was refused admittance to the house, whereupon he proceeded to break down the door, and upon entering the door he was shot by the…
1Opinion of the CourtMcCLELLAN, J.
It is, and always has been, an elementary principle of criminal law, so familiar as not even to require a citation of our own numerous adjudications upon it, that one wlio provokes a difficulty — who by his own wrong contributes to a situation out of which arises a necessity to take the life of another to preserve his own — can not invoke the doctrine of self-defense to justify the homicide he commits in such difficulty — can not plead a necessity to kill which arose from his own wrong. Sexual intercourse with the wife of another is such a wrong, so obviously calculated to bring on a…
2Cases cited3 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Goldsmith v. StateSupreme Court of Alabama · 1894
- Grant v. StateSupreme Court of Alabama · 1892
3Cited by10 opinions
- Palmore v. StateSupreme Court of Alabama · 1969
- Thomas v. StateSupreme Court of Alabama · 1907
- Rigell v. StateAlabama Court of Appeals · 1913
- Blake v. StateCourt of Appeals of Maryland · 1929
- Coppin v. StateSupreme Court of Alabama · 1898
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