Adkins v. Camp

The special plea setting up self-defense is fatally defective in its failure to show that plaintiff’s intestate was responsible for the alleged danger to Warner Adkins, or that it was necessary for Burnett Adkins, in repelling such danger, to kill the intestate. It is also defective in failing to allege, in connection with its alternative averment of apparent peril to Warner Adkins, a reasonable and bona fide belief on the part of Burnett Adkins in the existence of such peril. Hill v. State, 194 Ala. 11, 69 So. 941, 2 A. L. R. 509; Mizell v. State, 184 Ala. 16, 63 So. 1000; Francis v. State,…