Karr v. State
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. LeEoy E. Box. John A. Karr was indicted and tried for the murder of Jason Smith, and convicted of murder in the second degree. The evidence, without conflict, tended to show that at the time the said Smith was shot by the defendant he had a gun in his hand, starting up the steps of the defendant’s house, but that the gun- was not held by the deceased as if he was about to shoot.
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. LeEoy E. Box. John A. Karr was indicted and tried for the murder of Jason Smith, and convicted of murder in the second degree. The evidence, without conflict, tended to show that at the time the said Smith was shot by the defendant he had a gun in his hand, starting up the steps of the defendant’s house, but that the gun- was not held by the deceased as if he was about to shoot. The evidence further tended to show that the deceased had many times made threats against the defendant and his son, and had declared no longer than…
1Opinion of the CourtStone, C. J.
The homicide which gave rise to this prosecution was perpetrated on August 28, 1892, and at the entrance of defendant’s dwelling. There is no conflict in the testimony on these points. When shot down and killed, deceased was approaching the door of defendant’s home with a gun in hand, though not raised, or put in position for shooting. There is testimony that deceased had made threats against the life of the accused', and that he was a man of violent and dangerous character. Now, these facts alone do not, of themselves, justify or excuse an immediate *6resort to deadly weapons, on the mere…
2Cases cited9 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- DeArman v. StateSupreme Court of Alabama · 1882
- Roberts v. StateSupreme Court of Alabama · 1880
- Smith v. StateSupreme Court of Alabama · 1889
- Lang v. StateSupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Karr v. StateSupreme Court of Alabama · 1894
- Griffin v. StateSupreme Court of Alabama · 1909
- Morrell v. StateSupreme Court of Alabama · 1902
- Pueblo v. SuttonSupreme Court of Puerto Rico · 1911
- Hunter v. StateSupreme Court of Alabama · 1975
19 more not listed; retrieve them via the Exa API.