State v. Schuessler
Supreme Court of Alabama
THE prisonor was indicted at the fall term, 1841, of the Circuit Court of Montgomery county, for the murder of one James Glover, and convicted of manslaughter. At the trial, certain evidence was introduced, conducing to prove that the prisoner assaulted and stabbed the deceased, by which he came to his death. Evidence was also introduced in behalf of the prisoner, conducing to prove that he fought in his own defence.
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THE prisonor was indicted at the fall term, 1841, of the Circuit Court of Montgomery county, for the murder of one James Glover, and convicted of manslaughter. At the trial, certain evidence was introduced, conducing to prove that the prisoner assaulted and stabbed the deceased, by which he came to his death. Evidence was also introduced in behalf of the prisoner, conducing to prove that he fought in his own defence. Oh this evidence, the counsel for the prisoner moved the Court to charge the jury, that if the deceased first assaulted the prisoner, that he was not bound to retreat, but might…
1Opinion of the CourtGoldthwaite, J.
We can find nothing in this case to warrant us in coming to the conclusion that an error was committed when the charge demanded was refused.
The defect of the case is, that it does not disclose the facts in evidence before the jury, and we cannot infer the charge to be erroneous, when it may have been refused because there was no evidence to warrant it.
If it is admitted that the prisoner when assailed, might repel force by force, and that he was not required to retreat or fly before his adversary, this admission does not render him excusable, if he either causelessly or wantonly deprived his…
2Cited by3 opinions
- Beavers v. HardieSupreme Court of Alabama · 1877
- Stein v. AshbySupreme Court of Alabama · 1857
- Chandler v. StateTexas Supreme Court · 1847