Blackburn v. State
Supreme Court of Alabama
Erom the Circuit Court of Blount. Tried before the Hon. John B. 'Tally. The indictment in this case charged, in a single count, that the defendant, Jere. Blackburn, “unlawfully and intentionally, but without malice, killed Mat. Gray by ’shooting him with a pistol.”
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Erom the Circuit Court of Blount. Tried before the Hon. John B. 'Tally. The indictment in this case charged, in a single count, that the defendant, Jere. Blackburn, “unlawfully and intentionally, but without malice, killed Mat. Gray by ’shooting him with a pistol.” The homicide was committed at Blount Springs in said county, early in March, 1888, at about 9 o’clock in the morning of the day; and the evidence in relation to it, as adduced on the trial, is thus stated in the bill of exceptions: “The State introduced evidence tending to show that the defendant and the deceased were walking…
1Opinion of the CourtSomerville, J.
The defendant was indicted and tried for killing one Mat. Gray, by shooting him with a pistol, and was convicted of manslaughter in the first degree. The contention on the trial in the court below was, that the killing was done in self-defense, which the evidence tended to prove. The court charged the jury, among other things, that it must not appear from the evidence that the slayer was at fault in bringing about the alleged necessity for the killing, or in provoking the difficulty. The exception taken to this part of the charge "was, that it was abstract, and tended to mislead the jury. It…
2Cases cited1 opinion
- Fallin v. StateSupreme Court of Alabama · 1887
3Cited by14 opinions
- Bell v. StateSupreme Court of Alabama · 1896
- McCoy v. StateSupreme Court of Alabama · 1911
- Garrett v. StateSupreme Court of Alabama · 1892
- Webb v. StateSupreme Court of Alabama · 1894
- Baldwin v. StateSupreme Court of Alabama · 1895
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