Legal Opinion

Allison v. United States

Supreme Court of the United States

Decided December 16, 1895No. 693PublishedCited by 43 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. John Allison, some twenty, years-old, was indicted for the murder of his father, William Allison, on the fifth day of January, 1895, at the Cherokee Nation in the Indian country, in the Western District of Arkansas, found guilty by a jury, under the instructions of the court, and sentenced to be hanged, whereupon he sued out this writ of error.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. John Allison, some twenty, years-old, was indicted for the murder of his father, William Allison, on the fifth day of January, 1895, at the Cherokee Nation in the Indian country, in the Western District of Arkansas, found guilty by a jury, under the instructions of the court, and sentenced to be hanged, whereupon he sued out this writ of error. The evidence tended to show that the Allisons resided up to the year 1893 in the State of Washington; that the parents had been divorced; that the father had…

1Opinion of the CourtChief Justice Fullee

It was claimed on behalf of defendant that the homicide was excusable because committed in self-defence, in that, his life having been repeatedly threatened by deceased, when he saw him on this occasion moving his’ hand as if to take a pistol from his hip pocket, he believed, and, as a prudent man, might reasonably have believed; at that time and under those circumstances, that he was in imminent and deadly peril which could only be .averted by the course he pursued; or that, at the most, he could only be found guilty of manslaughter for acting under an unreasonable access of fear, but…

2Cases cited5 opinions

  1. Thompson v. United StatesSupreme Court of the United States · 1894
  2. Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
  3. Hicks v. United StatesSupreme Court of the United States · 1893
  4. Wiggins v. PeopleSupreme Court of the United States · 1876
  5. Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1871

3Cited by43 opinions

  1. Quercia v. United StatesSupreme Court of the United States · 1933
  2. Wilson v. United StatesSupreme Court of the United States · 1896
  3. United States v. AgueciCourt of Appeals for the Second Circuit · 1962
  4. Hickory v. United StatesSupreme Court of the United States · 1896
  5. Price v. StateCourt of Criminal Appeals of Oklahoma · 1908

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