Legal Opinion

Keith v. State

Supreme Court of Alabama

Decided July 1, 1892PublishedCited by 17 opinions

Appeal from "Walker Circuit Court. Tried before Hon. J. J. Banks. Tbe evidence for tbe State tended to show tbat immediately preceding the difficulty wbicb terminated in tbe killing, defendant went into tbe bouse occupied by William Henry Johnson, tbe deceased, and on being asked by deceased, “if be wanted to make a pathway out of bis bouse?” replied tbat be “would make a pathway out of him,” and defendant passing through tbe bouse was followed by deceased a short distance,…

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Appeal from "Walker Circuit Court. Tried before Hon. J. J. Banks. Tbe evidence for tbe State tended to show tbat immediately preceding the difficulty wbicb terminated in tbe killing, defendant went into tbe bouse occupied by William Henry Johnson, tbe deceased, and on being asked by deceased, “if be wanted to make a pathway out of bis bouse?” replied tbat be “would make a pathway out of him,” and defendant passing through tbe bouse was followed by deceased a short distance, and on bis approach they jumped together and tbe deceased exclaimed, “be has cut me.” The evidence for defendant tended…

1Opinion of the CourtColeman, J.

— The defendant was indicted, and tried for murder in the second degree, and convicted of manslaughter in the first degree.

The exceptions reserved, and which are assigned as error, are upon the refusal of the court to instruct the jury as requested in writing by the defendant. The first charge refused reads as follows : “If the defendant, at the time of the killing, entertained a reasonable apprehension of great personal violence, involving imminent peril to life or limb and could not retreat in safety, or without putting himself at a disadvantage, then the killing would not be wrongful, and…

2Cases cited1 opinion

  1. Cleveland v. StateSupreme Court of Alabama · 1888

3Cited by17 opinions

  1. Brown v. StateAlabama Court of Appeals · 1946
  2. Webb v. StateSupreme Court of Alabama · 1893
  3. Holmes v. StateSupreme Court of Alabama · 1893
  4. Cauley v. StateAlabama Court of Appeals · 1948
  5. Goodwin v. StateSupreme Court of Alabama · 1893

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