Killen v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Will Killen was convicted of murder, and appeals. The person charged to have been killed was one Fred Hill, and the defense was self-defense. The following charges were given for the state: (B) I charge you that sentiment, sympathy, and pity have no place in the jury box.
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Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Will Killen was convicted of murder, and appeals. The person charged to have been killed was one Fred Hill, and the defense was self-defense. The following charges were given for the state: (B) I charge you that sentiment, sympathy, and pity have no place in the jury box. If you believe from the evidence that defendant said anything or did anything to encourage or provoke the difficulty, and you are satisfied from the evidence beyond a reasonable doubt of this fact, you cannot acquit the defendant. (E) To be convinced of the…
1Opinion of the CourtBrown, P. J.
[1] The particulars of the previous difficulty occurring at midnight on the night before the homicide and the fact of deceased’s intoxication at that time were not material. Allsup v. State, 72 South. 599; Gregory v. State, 140 Ala. 16, 37 South. 259. The testimony of the witness Lester to the effect that, “lie did not know whether he (Hill) was drinking or not, but he smelled something on his breath,” when he picked him up after he was shot, does not show that deceased was intoxicated at the time of the fatal difficulty, and was not sufficient as a predicate to make material the deceased’s…
2Cases cited4 opinions
- Gregory v. StateSupreme Court of Alabama · 1903
- Brewer v. StateSupreme Court of Alabama · 1909
- Langham v. StateAlabama Court of Appeals · 1915
- Allsup v. StateAlabama Court of Appeals · 1916
3Cited by3 opinions
- Hawkins v. StateAlabama Court of Appeals · 1940
- Lawson v. StateCourt of Criminal Appeals of Alabama · 1985
- Ferguson v. StateAlabama Court of Appeals · 1925