Collier v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. O. J. Semmtcs. The appellant was indicted for manslaughter. Evidence was introduced on the trial tending to show, that Jim Bradford, tlie deceased, a few minutes before lie was killed by the appellant, had used insulting and abusive language to the appellant’s mother in his presence. Evidence was also offered tending to show that the defendant acted in self-defense.
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Appeal from the City Court of Mobile. Tried before Hon. O. J. Semmtcs. The appellant was indicted for manslaughter. Evidence was introduced on the trial tending to show, that Jim Bradford, tlie deceased, a few minutes before lie was killed by the appellant, had used insulting and abusive language to the appellant’s mother in his presence. Evidence was also offered tending to show that the defendant acted in self-defense. The court, at the request of tlie State, charged the jury as follows: “ The court charges the jury, that mere words, no matter how abusive and insulting, never reduce…
1Opinion of the CourtStone, J.
Death caused by a blow intentionally stricken, with an instrument calculated to produce death, unless shown to have been inflicted in self-defense, can never be less than manslaughter in the first degree. — McManus v. The State, 36 Ala. 285; Mitchell v. The State, 60 Ala. 26. The indictment in this case charges only manslaughter in the first degree, and hence any inquiry into the ingredients of murder, save for the purpose of showing the difference between it and manslaughter, is alien to the issue formed in this case. The first clause of charge numbered 1, while correct as a principle of…
2Cases cited3 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- McManus v. StateSupreme Court of Alabama · 1860
- Bain v. StateSupreme Court of Alabama · 1878
3Cited by8 opinions
- Williams v. StateSupreme Court of Alabama · 1948
- Compton v. StateSupreme Court of Alabama · 1895
- Smith v. StateSupreme Court of Alabama · 1942
- Tolen v. StateCourt of Criminal Appeals of Alabama · 1972
- Jeffries v. StateAlabama Court of Appeals · 1930
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