Harris v. Wright

The action is under our homicide statute (Code 1923, § 5696), with verdict and judgment for plaintiff. Defendant admitted the killing, and sought to justify upon his plea of self-defense, upon which issue the evidence was conflicting. In such a plea all the elements of self-defense should appear (Drummond v. Drummond, 212 Ala. 242, 102 So. 112), including that of defendant’s freedom from fault (Wilhite v. Fricke, 169 Ala. 76, 53 So. 157).

Assignments of error 5 and 6 as to rulings on demurrers to pleas 2 and 3 are not well taken. Moreover, it appears these pleas originally contained such…