Black v. State
Alabama Court of Appeals
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. George Black was indicted for murder in the first degree and convicted of manslaughter, and he appeals.. The facts sufficiently appear from the opinion.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. George Black was indicted for murder in the first degree and convicted of manslaughter, and he appeals.. The facts sufficiently appear from the opinion. The-following are the charges discussed in the opinion: (4) “It is not necessary, under the evidence in this case, that the defendant should have been actually in danger of death or great bodily harm at the time he-killed the deceased, or that retreating would have really increased his peril, in order for him to have been justified in shooting the deceased. He had the right…
1Opinion of the Court
PELHAM, J. —
The defendant was indicted, and tried for murder in the first degree and convicted of manslaughter.
So far as necessary to a proper understanding of the trial court’s rulings and the opinion in the case, the following summary of the substance of the evidence will be sufficient: Coy Hardy, a young son of the deceased, was in charge of and in his father’s wagon, which was standing on one of the streets in the town of Athens, near the curbing to the pavement, in front of a store, when the defendant drove up to the wagon, and the mule hitched to his buggy commenced biting the end of a…
2Cases cited4 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Bluitt v. StateSupreme Court of Alabama · 1909
- Twitty v. StateSupreme Court of Alabama · 1910
- Montgomery v. StateSupreme Court of Alabama · 1909
3Cited by25 opinions
- Bankhead v. StateAlabama Court of Appeals · 1947
- Forman v. StateSupreme Court of Alabama · 1914
- Brown v. StateAlabama Court of Appeals · 1946
- Holland v. StateAlabama Court of Appeals · 1931
- Mathis v. StateAlabama Court of Appeals · 1916
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