King v. State
Alabama Court of Appeals
Appeal from Circuit' Court, Limestone County; Robert C. Brickell, Judge. Heck King was convicted of murder in the second degree, and he appeals. Defendant was under no duty to retreat. 106 Ala. 1, 17 South. 328;- 89 Ala. 34, 8 South. 22, 18 Am. St. Rep. 87. Defendant should have been permitted to have shown threats made him by deceased. 88 Ala-. 85, 7 South. ,335 ; 68 Ala. 156 ; 71 Ala. 351.
1Opinion of the CourtMerritt, J.
The defendant was convicted of murder in the second degree and sentenced to the penitentiary for 20 years. The questions raised by the appeal refer to the refusal of the trial court to permit the introduction of certain evidence offered by the defendant and the refusal of the trial court to give a certain written charge requested by the defendant.
The killing was shown to have taken place at the home of the defendant between sundown and dark, that the deceased and accused were brothers, and that bad feeling existed between them. The defendant was shown to be a cripple suffering from a broken…
2Cases cited4 opinions
- Smith v. StateSupreme Court of Alabama · 1889
- Cleveland v. StateSupreme Court of Alabama · 1888
- Rhea v. StateSupreme Court of Alabama · 1893
- Tribble v. StateSupreme Court of Alabama · 1906
3Cited by7 opinions
- Wilson v. StateAlabama Court of Appeals · 1942
- People v. HoffmanCalifornia Supreme Court · 1925
- Sandoval v. PeopleSupreme Court of Colorado · 1948
- Dyson v. StateAlabama Court of Appeals · 1939
- Mitchell v. StateCourt of Criminal Appeals of Alabama · 1974
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