Carden v. State
Supreme Court of Alabama
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Harvey Carden was convicted of murder, and appeals. Charge 1, refused to the defendant, is as follows: If the jury find from all the evidence that the deceased was a young and vigorous man, and that he assaulted the defendant, delivering hard blows and holding him by the throat, choking him in such a way that defendant could not release himself, and such blows and choking made it appear to a reasonable man…
Read the full summary
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Harvey Carden was convicted of murder, and appeals. Charge 1, refused to the defendant, is as follows: If the jury find from all the evidence that the deceased was a young and vigorous man, and that he assaulted the defendant, delivering hard blows and holding him by the throat, choking him in such a way that defendant could not release himself, and such blows and choking made it appear to a reasonable man that he, the defendant, was in imminent and manifest danger of death or grievous bodily harm, then the defendant would have…
1Opinion of the CourtGardner, J.
Appellant (defendant) was indicted for the murder of one John Hall, and convicted of murder in the second degree — his punishment being fixed at 40 years in the penitentiary.
Defendant kiiled deceased by shooting him with a pistol — five shots being fired; all of them meeting their mark. The killing was not denied, but the defendant relied upon the doctrine of self-defense, in that the deceased was striking him with a knife with one hand and choking him with the other.
The testimony for the state tended to show the guilt of defendant as charged, and that two shots were fired at deceased after…
2Cases cited2 opinions
- Cheney v. StateSupreme Court of Alabama · 1911
- Gerald v. StateSupreme Court of Alabama · 1900
3Cited by5 opinions
- Wilbanks v. StateAlabama Court of Appeals · 1962
- Lundy v. StateAlabama Court of Appeals · 1920
- Evers v. StateAlabama Court of Appeals · 1933
- White v. StateAlabama Court of Appeals · 1921
- Evers v. StateAlabama Court of Appeals · 1933