Brinkley v. State
Supreme Court of Alabama
From the Oity Court of Montgomery. Tried before the Hon. Thos M. Arrington. The defendant in this ease, J ames Brinkley, was indicted for the murder of Jerry Butler; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twenty years. The homicide occurred at the defendant’s own house, during a dance and party which, by his permission, was there given by Tom Belser, another freedman.
Read the full summary
From the Oity Court of Montgomery. Tried before the Hon. Thos M. Arrington. The defendant in this ease, J ames Brinkley, was indicted for the murder of Jerry Butler; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of twenty years. The homicide occurred at the defendant’s own house, during a dance and party which, by his permission, was there given by Tom Belser, another freedman. The deceased indulged in a dance, which he called the “shake back,” and which, as described by some of the witnesses, was very indecent; and some of the persons present…
1Opinion of the CourtSomerville, J.
The killing of the deceased in the present case occurred in the house of the defendant, being perpetrated by shooting with a pistol. The evidence tended to show that the deceased had been guilty of profanity and indecent behavior, and was for this reason ordered by the defendant to leave the premises, whereupon an altercation ensued between them, which resulted in the killing.
The court, among other things, charged the jury, that “it was the duty of the defendant to avoid the killing, if he *36could'have done so without danger to himself.” This charge was, in our opinion, erroneous, in ignoring…
2Cases cited1 opinion
- Jones v. StateSupreme Court of Alabama · 1884
3Cited by12 opinions
- Watts v. StateSupreme Court of Alabama · 1912
- Hill v. StateSupreme Court of Alabama · 1915
- Craven v. StateAlabama Court of Appeals · 1927
- Danford v. StateSupreme Court of Florida · 1907
- Madry v. StateSupreme Court of Alabama · 1918
7 more not listed; retrieve them via the Exa API.