Harris v. State

CATES, Judge.

Murder, second degree: sentence 15 years.

I

Harris shot one Henderson to death with a pistol. The major factual dispute was whether the shooting was in self-defense.

In a dispute as to whether or not the defendant has acted in self-defense, its resolution is one of fact finding for the jury, under proper direction as to the law. See Messer v. State, 45 Ala.App. 718, 236 So.2d 728 and Lester v. State, 40 Ala.App. 503, 121 So.2d 107. Moreover, even if the State’s proof is silent as to self-defense, the jury still has the prerogative to convict because they do not believe the defense…