Wood v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before rtihe Hon. Samuel E. Greene. Felix Wood, the appellant, and Marion Wood, together with four others, were jointly indicted for an assault with intent to murder one John A. Brooks. The appellant was convicted of the offense charged, and sentenced to the penitentiary for a term of ten years.
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Appeal from the Criminal Court of Jefferson. Tried before rtihe Hon. Samuel E. Greene. Felix Wood, the appellant, and Marion Wood, together with four others, were jointly indicted for an assault with intent to murder one John A. Brooks. The appellant was convicted of the offense charged, and sentenced to the penitentiary for a term of ten years. On the trial of the cause, it was ¡shown that John A. Brooks, the person alleged to have been assaulted, was the conductor of a street car, which ran from Birmingham to East Lake, and that on the day before the offense charged was committed, John A.…
1Opinion of the CourtMcCLELLAN, C. J.
One who intervenes in a pending difficulty in behalf of a brother and takes the life of the other original combatant stands in the shoes of the brother in respect of fault in bringing on the difficulty, and he cannot defend upon the ground that his brother was in Imminent and deadly peril and could not retreat, unless the latter could have defended upon that ground had he killed his assailant. Henee in such cases it is a material inquiry whether defendant’s brother was at fault in bringing on the difficulty with the deceased, and the same doctrine obtains, of course, where the charge is…
2Cases cited7 opinions
- Gibson v. StateSupreme Court of Alabama · 1890
- Karr v. StateSupreme Court of Alabama · 1894
- Stewart v. StateSupreme Court of Alabama · 1885
- Meredith v. StateSupreme Court of Alabama · 1877
- Lawrence v. StateSupreme Court of Alabama · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cooper v. StateTennessee Supreme Court · 1909
- Morris v. StateSupreme Court of Alabama · 1906
- Leeper v. StateWyoming Supreme Court · 1979
- Sanford v. StateSupreme Court of Alabama · 1904
- Dickey v. StateAlabama Court of Appeals · 1916
18 more not listed; retrieve them via the Exa API.