Wells v. State
Supreme Court of Alabama
Appeal from Andalusia City Court. Heard before Hon. En. T. Albritton. Mitcbell Wells was convicted of murder in the second degree, sentenced to tbe penitentiary for 25 years, and he appeals. The indictment charged that Mitchell Wells unlawfully and with malice aforethought killed B. Sagers, alias B. Segers, by shooting him with a pistol.
Read the full summary
Appeal from Andalusia City Court. Heard before Hon. En. T. Albritton. Mitcbell Wells was convicted of murder in the second degree, sentenced to tbe penitentiary for 25 years, and he appeals. The indictment charged that Mitchell Wells unlawfully and with malice aforethought killed B. Sagers, alias B. Segers, by shooting him with a pistol. The evidence admitted as to the former difficulty was that about one-half hour before the shooting Mitchell Wells and deceased had a difficulty; that, in fact, there were two difficulties before the shooting took place, the details of which were permitted by…
1Opinion of the CourtAndebson, C. J.
While it has long been settled by the decisions of this court that the violent character of the deceased may be shown by the defendant in a homicide case, the right to do so arises only after there has been evidence tending to show self-defense; that is, some overt act or hostile demonstration upon,the part of the deceased. At the time the defendant attempted to prove the character of the deceased, by the witness John Minshew, there had been no evidence tending to show that the deceased was the aggressor, and the trial court did not err in declining to let the defendant prove this fact,…
2Cases cited8 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Pate v. StateSupreme Court of Alabama · 1907
- Jacobs v. StateSupreme Court of Alabama · 1878
- Robinson v. StateSupreme Court of Alabama · 1908
- Patterson v. StateSupreme Court of Alabama · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bankston v. StateSupreme Court of Alabama · 1978
- Henderson v. StateCourt of Criminal Appeals of Alabama · 1990
- Smith v. StateSupreme Court of Alabama · 1916
- Vaughn v. StateSupreme Court of Alabama · 1938
- Richardson v. StateSupreme Court of Alabama · 1915
5 more not listed; retrieve them via the Exa API.