Beasley v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Yank Beasley was indicted for the murder of Epliriam White, convicted, and sentenced to be hanged, and he appeals.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Yank Beasley was indicted for the murder of Epliriam White, convicted, and sentenced to be hanged, and he appeals. The following charges were refused to defendant: (1) “The court charges the jury that if they are reasonably satisfied' from the evidence in this case that there was a present, impending danger, real or apparent, to the life or limb, or grievous bodily harm, from which there was no probable means of escape, and that the deceased was the aggressor, they cannot convict-the defendant.” (2) “The court charges the…
1Opinion of the CourtAnderson, J.
The rule is Avell settled that, when there is a conflict in the evidence, in homicide .cases, as to who was the aggressor, the accused may strengthen his defense by showing ill will, threats .by the deceased, or a. previous. difficulty. It is also a Avell-established doctrine that. when the deceased has made threats against the defendant, and which have been co-mmuni: cated to him, he is not thereby authorized to commence an attack or to act upon said communicated threats until the deceased has committed some overt act or made some hostile demonstration; but in such case the laAv allows the…
2Cases cited6 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Roberts v. StateSupreme Court of Alabama · 1880
- Suell v. DerricottSupreme Court of Alabama · 1909
- Turner v. StateSupreme Court of Alabama · 1909
- Alexander v. WheelerSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Davis v. StateSupreme Court of Alabama · 1914
- Hill v. StateSupreme Court of Alabama · 1915
- Byrd v. StateSupreme Court of Alabama · 1952
- Langham v. StateAlabama Court of Appeals · 1915
- Richardson v. StateSupreme Court of Alabama · 1915
22 more not listed; retrieve them via the Exa API.