Barber v. State
Alabama Court of Appeals
Appeal from St. Clair Circuit Court. Heard before Hou. James E. Blackwood. George Barber was convicted of assault with intent to murder, and he appeals. The objections to evidence sufficiently appear.
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Appeal from St. Clair Circuit Court. Heard before Hou. James E. Blackwood. George Barber was convicted of assault with intent to murder, and he appeals. The objections to evidence sufficiently appear. The charge refused to defendant is as follows: It is not necessary that there should be actual danger of death or great bodily harm in order to justify the taking of human life, but if the jury are satisfied from all the evidence in the case that the circumstances attending the cutting of Rogers, by the defendant, was such as to impress defendant with a reasonable belief at the time of the…
1Opinion of the CourtThomas, J.
The court committed no error in sustaining the state’s objection to the evidence offered by defendant tending to show threats made against defendant by the party assaulted, for the reason that at the time this evidence was offered there had been no evidence tending in the least to show that the defendant in committing the assault charged was acting in self-de*121fense. Such evidence of self-defense must precede the evidence as to threats in order to put the court in error for refusing to admit evidence of threats. — Rutledge v. State, 88 Ala. 89, 7 South. 385; 1 Mayf. Dig. 838, § 2.
Afterwards the…
2Cases cited1 opinion
- Hurst v. StateSupreme Court of Alabama · 1901
3Cited by8 opinions
- Ex Parte KennedySupreme Court of Alabama · 1985
- Harris v. StateCourt of Criminal Appeals of Alabama · 1982
- Montgomery v. StateAlabama Court of Appeals · 1920
- Snow v. StateCourt of Criminal Appeals of Alabama · 1973
- Ray v. StateAlabama Court of Appeals · 1946
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