Barlew v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Charley Barlew, alias, etc., was convicted of murder in the second degree, and he appeals. The exceptions to evidence sufficiently appear from the opinion. The following charges were refused to the defendant: “(1) If the jury believe that the defendant had reasonable apprehension to believe that his life or limb was in danger at the time he fired the fatal shot, then you must acquit the defendant.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Charley Barlew, alias, etc., was convicted of murder in the second degree, and he appeals. The exceptions to evidence sufficiently appear from the opinion. The following charges were refused to the defendant: “(1) If the jury believe that the defendant had reasonable apprehension to believe that his life or limb was in danger at the time he fired the fatal shot, then you must acquit the defendant. (2) Before the jury can convict the defendant, they must be reasonably satisfied that the defendant brought on the difficulty in…
1Opinion of the Court
PELHAM, J. —
The appellant’s motion to establish a bill of exceptions in this case is not contested, and the motion is granted, and the bill of exceptions made a part of the record. The defendant was tried on an indictment charging murder in the second degree, and convicted of that degree of murder.
No evidence up to that time having been offered to show an element of self-defense attending the killing, *294tlie court properly refused to let the defendant show, by cross-examination of the state’s witness Martin, the character of the deceased for being a quarrelsome, violent, and turbulent man. —…
2Cases cited27 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Roberts v. StateSupreme Court of Alabama · 1880
- Braham v. StateSupreme Court of Alabama · 1904
- Tesney v. StateSupreme Court of Alabama · 1884
- Gafford v. StateSupreme Court of Alabama · 1898
22 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Wilson v. StateAlabama Court of Appeals · 1942
- Burns v. StateSupreme Court of Alabama · 1932
- Ray v. StateSupreme Court of Alabama · 1946
- Mathis v. StateAlabama Court of Appeals · 1916
6 more not listed; retrieve them via the Exa API.