Turner v. State
Alabama Court of Appeals
Appeal from Cullman Circuit Court. Heard before Hon. L>. W. Speaks. Tol Turner was convicted of murder in the second , degree, and he appeals. The exceptions to evidence sufficiently appear in the opinion.
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Appeal from Cullman Circuit Court. Heard before Hon. L>. W. Speaks. Tol Turner was convicted of murder in the second , degree, and he appeals. The exceptions to evidence sufficiently appear in the opinion. The following charges were given for the state: (1) I charge you, gentlemen of the jury, that if you. are satisfied from all the evidence in this case beyond a reasonable doubt that defendant entered into the fight willingly in which James Gilley lost his life, then defendant cannot invoke the doctrine of self-defense, and you must find Mm guilty. The following charges were refused to…
1Opinion of the CourtWalker, P. J.
The affray, a result of which was the killing of the deceased by the appellant, started between the latter and the father of the former during a conversation between them in regard to alleged improper conduct of the deceased towards a young daughter of the appellant. Inquiries as to the father of the deceased seeing or communicating with others prior to the affray about the misconduct charged against his son were not relevant to the issue in this case. The question of the appellant’s guilt or innocence of the crime charged against him could not have been affected by anything the deceased’s…
2Cases cited3 opinions
- Brewer v. StateSupreme Court of Alabama · 1909
- Tribble v. StateSupreme Court of Alabama · 1906
- Lewis v. StateSupreme Court of Alabama · 1889
3Cited by6 opinions
- Flint v. StateCourt of Criminal Appeals of Alabama · 1979
- Seekers v. StateAlabama Court of Appeals · 1949
- Cain v. StateAlabama Court of Appeals · 1917
- Lovell v. StateCourt of Criminal Appeals of Alabama · 1988
- Payne v. StateCourt of Criminal Appeals of Alabama · 1982
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