King v. State
Alabama Court of Appeals
Murder. Appeal from Tuscaloosa County Court. Heard before Hon. Bernard Harwood. Tossie King was convicted of manslaughter, and he appeals. The facts sufficiently appear. The following charge was given for the state: (3) The court charges the jury that, to make the plea of self-defense available, the defendant must be Avithout fault.
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Murder. Appeal from Tuscaloosa County Court. Heard before Hon. Bernard Harwood. Tossie King was convicted of manslaughter, and he appeals. The facts sufficiently appear. The following charge was given for the state: (3) The court charges the jury that, to make the plea of self-defense available, the defendant must be Avithout fault. If he was himself the aggressor, he cannot invoke the doctrine of self-defense, even if the deceased was approaching him in a hostile manner, and whether the necessity to take the life of the deceased was real or only apparent, if brought about by the design,…
1Opinion of the CourtThomas, J.
The defendant, who was indicted for murder in the first degree, objected to being put on trial at the time he was put upon trial, because at such time five months had not elapsed since the commission of the offense — grounding this objection upon the authority of *95a local act which provides, among other things-, in substance that no defendant shall be put to- trial for any offense which may be punishable capitally before the expiration of five months after the commission of the alleged offense, unless defendant consent in writing for a trial Avithin a shorter time. — Local Acts 1907, p. 498.
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2Cases cited17 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Johnson v. StateSupreme Court of Alabama · 1893
- Gafford v. StateSupreme Court of Alabama · 1898
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
- Rigell v. StateAlabama Court of Appeals · 1913
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3Cited by1 opinion
- Hall v. StateAlabama Court of Appeals · 1923