Thomas v. State
Alabama Court of Appeals
Murder. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Peap.ce. Henry Thomas was convicted of manslaughter and he appeals. The facts sufficiently appear from the opinion. The following charges Avere refused the defendant: (1) If at the time in question the defendant Avas a guest or visitor in the home of Mary Ann S'cott, he was under no duty to retreat, if deceased undertook to shoot him, provided defendant was free from fault in bringing on the difficulty.
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Murder. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Peap.ce. Henry Thomas was convicted of manslaughter and he appeals. The facts sufficiently appear from the opinion. The following charges Avere refused the defendant: (1) If at the time in question the defendant Avas a guest or visitor in the home of Mary Ann S'cott, he was under no duty to retreat, if deceased undertook to shoot him, provided defendant was free from fault in bringing on the difficulty. (2) While at the home of his aunt as a guest, the defendant had the right to resist any attack, assault, or trespass on the…
1Opinion of the Court
BROWN, J.(1) The homicide for which the appellant was tried and convicted occurred at the home of Mary Ann Scott, an aunt of the defendant, and the evidence adduced on the trial showed that another woman, whose name was Savannah, lived in the house with Mary Ann, and that the' defendant visited them frequently, and while'there is no positive proof of the fact, the evidence was sufficient to afford an inference that defendant was there on the implied invitation of the *53owner of the house, or by prearrangement with some of its lawful occupants, and therefore was a guest at the house. If the…
2Cases cited15 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Pond v. PeopleMichigan Supreme Court · 1860
- Storey v. StateSupreme Court of Alabama · 1882
- Jones v. StateSupreme Court of Alabama · 1884
- Carroll v. StateSupreme Court of Alabama · 1853
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Madry v. StateSupreme Court of Alabama · 1918
- Cole v. StateAlabama Court of Appeals · 1917
- Vander Wielen v. StateCourt of Criminal Appeals of Alabama · 1971
- Hicks v. StateAlabama Court of Appeals · 1926
- Cain v. StateAlabama Court of Appeals · 1917
9 more not listed; retrieve them via the Exa API.