Dyson v. State

SAMFORD, Judge.

The defendant was charged by indictment with murder in the second degree, in that he unlawfully and maliciously killed one Howard Gladden. The homicide took place at a time when Gladden was under the influence of whiskey, and in a public place in the town of Athens, Alabama, and in the presence of the officer. There was evidence tending to prove that when the defendant undertook to arrest Gladden that Gladden resisted, striking the officer (this defendant) in the mouth and in the eye, grappling with him and, at that time, the defendant struck Gladden on the side of the head…