Pynes v. State
Supreme Court of Alabama
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Edgar Pynes was convicted of murder in the first degree, and he appeals. The following charges are noted as refus-1 ed to the defendant: “(6) I charge you that if the testimony shows elements of self-defense on the part of Searcy Pynes, the burden is on the state to satisfy you that Searcy Pynes was not free from fault in bringing on the difficulty before you can convict the defendant.”
Read the full summary
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Edgar Pynes was convicted of murder in the first degree, and he appeals. The following charges are noted as refus-1 ed to the defendant: “(6) I charge you that if the testimony shows elements of self-defense on the part of Searcy Pynes, the burden is on the state to satisfy you that Searcy Pynes was not free from fault in bringing on the difficulty before you can convict the defendant.” (7) Same as 6, with this addition: “And that defendant either fired the fatal shot or hided or abetted Searcy Pynes at the time of or prior to…
1Opinion of the CourtSayre, J.
Defendant (appellant) moved to quash the indictment, and separately each count thereof, on the ground that count 1 did not conclude “.against the peace and dignity of the state of Alabama,” and that count 2 likewise failed so to conclude, and,' further, that count 2 did not commence according to the statute, viz.:
“The grand jury of said county charge that before the finding of this indictment * *
[1] The first objection to the indictment is answered by the decisions in McGuire v. State, 37 Ala. 161, and Harrison v. State, 144 Ala. 20, 40 South. 568.
[2] The second would have been removed by the…
2Cases cited11 opinions
- Petty v. DillSupreme Court of Alabama · 1875
- Harrison v. StateSupreme Court of Alabama · 1906
- Johnson v. StateSupreme Court of Alabama · 1901
- Rogers v. StateSupreme Court of Alabama · 1897
- Barnett v. StateSupreme Court of Alabama · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Haynes v. StateAlabama Court of Appeals · 1958
- Peterson v. StateAlabama Court of Appeals · 1946
- Ingle v. StateCourt of Criminal Appeals of Alabama · 1982
- Nixon v. StateSupreme Court of Alabama · 1954
- Pynes v. StateSupreme Court of Alabama · 1922
3 more not listed; retrieve them via the Exa API.