Robinson v. State
Supreme Court of Alabama
■ Appeal from Circuit Court of Madison. Tried before Hon. Louis Wyeth. The appellant was tried for and convicted of an assault with intent to murder, committed upon one Blount McCrary, under the following circumstances: Defendant was on a train, and, having no ticket, was ordered by the brakesman (Blount McCrary) to get off the train.
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■ Appeal from Circuit Court of Madison. Tried before Hon. Louis Wyeth. The appellant was tried for and convicted of an assault with intent to murder, committed upon one Blount McCrary, under the following circumstances: Defendant was on a train, and, having no ticket, was ordered by the brakesman (Blount McCrary) to get off the train. Upon the train slacking up, without waiting for it to stop, he jumped off, and when the “caboose” passed (him, the conductor threw “some small article” at him, and, thereupon, he drew his pistol and fired at the brakesman, who was on top of the oars, three…
1Opinion of the CourtManning, J.
The fault in the two charges requested by the defendant and refused by the court, upon which errors are assigned, was, that, instead of instructing the jury that they should consider the evidence concerning provocation of the defendant, for the purpose of determining whether the shooting by him was not done in heat of blood, without malice aforethought, and whether the offense was not thereby reduced to a misdemeanor, they are so framed as to make the court decide and instruct the jury that the provocation, if proved, did have that effect. No matter what the rudeness of the conductor toward…
2Cited by7 opinions
- Ledlow v. StateSupreme Court of Alabama · 1930
- Durrett v. StateSupreme Court of Alabama · 1901
- Ruff v. StateSupreme Court of Alabama · 1935
- Stevens v. StateSupreme Court of Alabama · 1901
- Howard v. StateAlabama Court of Appeals · 1920
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