Legal Opinion

Lester v. State

Alabama Court of Appeals

Decided November 10, 1959No. 1 Div. 803PublishedCited by 8 opinions

1Opinion of the Court

HARWOOD, Presiding Judge.

Under an indictment charging murder in the first degree this appellant was found guilty of murder in the second degree by a jury, and judgment was entered pursuant to the verdict.

In the trial below the evidence presented by the. defense was directed toward establishing justification by reason of self-defense.

Since it is our conclusion that this judgment must be reversed because of errors infecting the lower court’s instructions to the jury, we see no need of delineating the evidence.

During his oral charge the court instructed the jury in part as follows :

“Well, now,…

2Cases cited20 opinions

  1. Gibson v. StateSupreme Court of Alabama · 1889
  2. McGhee v. StateSupreme Court of Alabama · 1912
  3. Cooley v. StateSupreme Court of Alabama · 1936
  4. Roberson v. StateSupreme Court of Alabama · 1913
  5. Clemons v. StateSupreme Court of Alabama · 1910

15 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Moore v. StateCourt of Criminal Appeals of Alabama · 1974
  2. Harris v. StateCourt of Criminal Appeals of Alabama · 1970
  3. Wilhite v. StateCourt of Criminal Appeals of Alabama · 1985
  4. Pounders v. StateSupreme Court of Alabama · 1968
  5. Dixon v. StateCourt of Criminal Appeals of Alabama · 1975

3 more not listed; retrieve them via the Exa API.

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