Legal Opinion

Christian v. State

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 8 opinions

Appeal from the Circuit Court of Henry. Tried before the HoN. J. M. Carmichael. The appellant, Jasper Christian, was convicted of an assault with intent to murder "Will Riley. On the trial, as is shown by the bill of exceptions, the State proved that the defendant shot Will Riley with a gun.

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Appeal from the Circuit Court of Henry. Tried before the HoN. J. M. Carmichael. The appellant, Jasper Christian, was convicted of an assault with intent to murder "Will Riley. On the trial, as is shown by the bill of exceptions, the State proved that the defendant shot Will Riley with a gun. It was proved in behalf of the defendant that he lived in Henry county, three miles from the Dale county line; that on the night of the shooting Will Riley, and six other men, all of whom lived in Dale county, came to the defendant’s house;, that three of the party approached the house, and called the…

1Opinion of the Court

STONE, O. J.

The only exception reserved by defendant, as shown by the bill of exceptions, was founded on the refusal of the court to give the written charge requested by defendant.

A man’s house is regarded in law as his castle — his place of refuge. So solicitous is the law in preserving the sanctity and inviolability of one’s house that it has placed about it every safeguard to prevent unwarranted intrusion and the commission of unlawful deeds. As said by Walker, J. in Lee v. State, 92 Ala. 15, “The very circumstance of one being within the precincts of his dwelling, or of his…

2Cases cited3 opinions

  1. Roberts v. StateSupreme Court of Alabama · 1880
  2. Lee v. StateSupreme Court of Alabama · 1890
  3. Brinkley v. StateSupreme Court of Alabama · 1889

3Cited by8 opinions

  1. Thomas v. StateSupreme Court of Alabama · 1951
  2. Naugher v. StateSupreme Court of Alabama · 1894
  3. Goodwin v. StateSupreme Court of Alabama · 1893
  4. Booth v. StateAlabama Court of Appeals · 1928
  5. Maxwell v. StateSupreme Court of Alabama · 1900

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