Harris v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Escambia.' Tried before tbe Hon. John P. Hubbaeb. Tbe indictment in tbis case charged that tbe defendant, Charles Harris, “unlawfully and intentionally, but without malice, billed Sump Lovelace by shooting him with a pistol.” Tbe defendant pleaded not guilty. He was convicted, and appeals.
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Appeal from tbe Circuit Court of Escambia.' Tried before tbe Hon. John P. Hubbaeb. Tbe indictment in tbis case charged that tbe defendant, Charles Harris, “unlawfully and intentionally, but without malice, billed Sump Lovelace by shooting him with a pistol.” Tbe defendant pleaded not guilty. He was convicted, and appeals. Tbe evidence introduced by tbe State tended to show that on tbe night of tbe homicide, in October, 1890, tbe deceased and several of Ms friends were at his drug store in the town of Brewton ; that they were all drinking, but none of them were drunk; that the deceased said…
1Opinion of the CourtMcCLELLAN, J.
There was- evidence which tended to show that the defendant was assaulted at a late hour of the night in a room which he had rented, and which was occupied by him at the time as a -bed room. There can, of course, be no doubt that the room thus held and occupied was the castle of the defendant,' from which no duty to ra-treat rested on him, and in which he had the right to stand his ground and defend himself, even to the death of an assailant who is, or reasonably appears to be, about to kill or inflict grievous bodily harm on him. Charge No. 2 requested for the detendant, as we read it,…
2Cases cited3 opinions
- Jones v. StateSupreme Court of Alabama · 1884
- Cleveland v. StateSupreme Court of Alabama · 1888
- Kilgore v. StanleySupreme Court of Alabama · 1890
3Cited by69 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- People v. . TomlinsNew York Court of Appeals · 1914
- Hale v. StateSupreme Court of Alabama · 1898
- State v. FarnamOregon Supreme Court · 1916
- Maddox v. StateSupreme Court of Alabama · 1909
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