Kirby v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. Dan A. Greene. Jim Kirby was convicted of manslaughter in the first degree, and he appeals. The following charges were requested by defendant and refused: “(8) I charge you that, if the defendant took the life of John Puller in defense of his own, it is your ducy to acquit the defendant. “(9) I charge you that, if the defendant killed the deceased in self-defense, then you will find him not guilty.
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Appeal from Jefferson Criminal Court. Heard before Hon. Dan A. Greene. Jim Kirby was convicted of manslaughter in the first degree, and he appeals. The following charges were requested by defendant and refused: “(8) I charge you that, if the defendant took the life of John Puller in defense of his own, it is your ducy to acquit the defendant. “(9) I charge you that, if the defendant killed the deceased in self-defense, then you will find him not guilty. “(10) I charge you that if the defendant at the time of the killing entertained a reasonable apprehension involving imminent peril to life or…
1Opinion of the CourtDenson, J.
Under an indictment charging that “Jim Kirby unlawfully and with malice aforethought-killed John Fuller, whose name is to the grand jury otherwise unknown, by shooting him with a pistol,” Jim Kirby was tried and convicted of manslaughter in the first degree and sentenced to imprisonment in the penitentiary for a period of eight years. The record appears to be regular, and we shall write with respect to the rulings of the court on the admissibility of evidence and charges refused.
Groomster, the first witness examined for the state, made out a case of homicide without any provocation on the…
2Cases cited14 opinions
- State v. PattersonSupreme Court of Vermont · 1873
- Kennedy v. StateSupreme Court of Alabama · 1903
- Sims v. StateSupreme Court of Alabama · 1903
- Harkness v. StateSupreme Court of Alabama · 1900
- Wilson v. StateSupreme Court of Alabama · 1903
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3Cited by20 opinions
- Adams v. StateSupreme Court of Alabama · 1912
- State v. DorisOregon Supreme Court · 1908
- Davis v. StateAlabama Court of Appeals · 1913
- Montgomery v. StateAlabama Court of Appeals · 1911
- Coates v. StateAlabama Court of Appeals · 1911
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