Johnson v. State
Alabama Court of Appeals
Appeal from Winston Circuit Court. Heard before Hon. Travis Williams, Special Judge. Luther Johnson was convicted of murder in the second degree and he appeals. The part of the oral charge referred to in the opinion is as follows: “In order to justify the killing of a human being under self-defense, the law says that certain things must be proven to you by all the evidence in the case to your satisfaction.”
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Appeal from Winston Circuit Court. Heard before Hon. Travis Williams, Special Judge. Luther Johnson was convicted of murder in the second degree and he appeals. The part of the oral charge referred to in the opinion is as follows: “In order to justify the killing of a human being under self-defense, the law says that certain things must be proven to you by all the evidence in the case to your satisfaction.” The following is charge 22: “I charge you that, if there is a probability of the defendant’s innocence, you must acquit him.” The court failed to comply with the requirements of the jury…
1Opinion of the CourtPelham, J.
The defendant was indicted and tried for murder in the first degree and convicted of murder in the second degree.
*49The fatal difficulty occurred at an entertainment or “party” of a public nature, given at the home of one Rowe, which was attended by the two daughters of the deceased. The defendant started to accompany the daughters of deceased from the place of entertainment to their home, when a difficulty arose between the father and the defendant, resulting in the fatal shooting of the former by the latter. While there is no positive evidence showing that the defendant ivas responsible for…
2Cases cited4 opinions
- Adams v. StateSupreme Court of Alabama · 1912
- Jackson v. StateSupreme Court of Alabama · 1911
- Bailey v. StateSupreme Court of Alabama · 1911
- Harris v. StateSupreme Court of Alabama · 1911
3Cited by6 opinions
- Huguley v. StateAlabama Court of Appeals · 1912
- Johnson v. StateAlabama Court of Appeals · 1915
- Little v. StateAlabama Court of Appeals · 1948
- Johnson v. StateAlabama Court of Appeals · 1913
- Linggold v. StateAlabama Court of Appeals · 1913
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