Henson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hou. James J. Banks. The appellant was indicted, tried and convicted for manslaughter in the first degree, and sentenced to the penitentiary for three years.
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Appeal from the Circuit Court of Walker. Tried before the Hou. James J. Banks. The appellant was indicted, tried and convicted for manslaughter in the first degree, and sentenced to the penitentiary for three years. On the trial of the cause, as is shown by the bill of exceptions, the State introduced. evidence tending to show that upon the defendant saying that some one, cursing him, had stolen his whiskey, Dan Hall, the deceased, went up to him, and asked him if he meant that he had stolen the whiskey; whereupon the defendant answered, no, but repeated the vile epithet which he had applied…
1Opinion of the CourtColeman, J.
Tlie defendant was indicted for the offense of manslaughter in the first degree. The evidence show's that the death of deceased resulted from a pistol shot fired by defendant. There was some evidence tending to show' that the defendant fired the pistol in self-defense. Upon this phase of the evidence, the defendant requested the court to give the following charge, which was refused : “The burden of proof is noton defendant to establish self-defense by a preponderance of the evidence, but if all the evidence raises in the mind of the jury a reasonable doubt as to whether or not the defendant…
2Cases cited7 opinions
- Davis v. United StatesSupreme Court of the United States · 1895
- Johnson v. StateSupreme Court of Alabama · 1893
- Maxwell v. StateSupreme Court of Alabama · 1889
- Pate v. StateSupreme Court of Alabama · 1891
- Smith v. StateSupreme Court of Alabama · 1880
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3Cited by26 opinions
- McGhee v. StateSupreme Court of Alabama · 1912
- Roberson v. StateSupreme Court of Alabama · 1913
- Ragsdale v. StateSupreme Court of Alabama · 1901
- Clemons v. StateSupreme Court of Alabama · 1910
- Adair v. StateCourt of Criminal Appeals of Oklahoma · 1911
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