Hawkins v. State

FOSTER, Justice.

Appellant on this certiorari has earnestly contested the soundness of the holding by the Court of Appeals in this case following Bowling v. State, 18 Ala.App. 231, 90 So. 33, that the defendant cannot show that before the occurrence of the act charged to be an assault to murder, he asked a deputy sheriff for police protection for his place of business after having heard of certain threats which the assaulted party was said to have made.

Prof. Wigmore in the third volume of his work on Evidence, pages 712, 713 and 714, makes a strong arraignment against the holding that such…