Pugh v. State
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before Hon. A. A. Evans. The appellant, Wash Pugh, was convicted of murder1 in the second degree, and appeals.
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Appeal from Barbour Circuit Court. Tried before Hon. A. A. Evans. The appellant, Wash Pugh, was convicted of murder1 in the second degree, and appeals. The evidence for the State showed threats made by the defendant against the deceased, one George Conner, prior to the difficulty resulting in the killing, and that they had had two disputes on the day of the killing; that, later in the day, Conner, upon seeing the defendant, remarked: “Yonder comes the rascal who cut my bridle,” that defendant thereupon called him a liar and immediately drew his pistol and fired, and then Conner drew his…
1Opinion of the CourtMcCLELLAN, C. J.
Charge 1 refused to the defendant assumes that defendant was in imminent peril of life or great- bodily harm when he shot Connor. The burden was on defendant to show such peril, and the evidence as to its existence vel non was conflicting. This charge is further bad for the reason that, assuming the existence of great and impending peril, it authorized defendant to stand his ground unless he could have “retreated with reasonable prospects of safety.” The law is that he should have retreated unless t-o have attempted retreat would have increased his peril. It may well' be that a retreat which…
2Cited by10 opinions
- Turner v. StateSupreme Court of Alabama · 1909
- Davis v. StateAlabama Court of Appeals · 1913
- State v. CoxSupreme Judicial Court of Maine · 1941
- Kyser v. StateCourt of Criminal Appeals of Alabama · 1987
- Haney v. StateAlabama Court of Appeals · 1924
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