Taylor v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lawrence County; Robt. C. Brickell, Judge. Spencer Taylor was convicted of assault with a weapon, and he appeals. The court erred in its application of the doctrine of self-defense and freedom from fault to this case. 186 Ala. 56, 64 South. 609; 11 Ala. App. 125, 65 South. 860; 75 South. 641; 160 Ala. 96, 49 South. 679; 122 Iowa, 88, 97 N. W. 979, 64 L. R. A. 77.
1Opinion of the CourtMerritt, J.
[1,2] The oral charge of the court begins with the following “This defendant is indicted for assault with intent to murder. The indictment also charges assault with a weapon.” The court then charged the jury what was necessary to constitute assault with intent to murder, and that the defendant says he acted in self-defense, and then enumerated the elements necessary to constitute self-defense. Among other portions of the court’s oral charge, the defendant excepted to the following:
“If he was not in clanger of losing life or.of suffering .grievous .bodily barm, be cannot set up self-dqfense.…
2Cases cited2 opinions
- Blankenship v. StateAlabama Court of Appeals · 1914
- Beyer v. Birmingham Ry. L. & P. Co.Supreme Court of Alabama · 1914
3Cited by4 opinions
- State v. AndersonSupreme Court of North Carolina · 1949
- Gafford v. StateAlabama Court of Appeals · 1953
- Hill v. StateAlabama Court of Appeals · 1933
- Lyons v. StateAlabama Court of Appeals · 1928