Russell v. State
Supreme Court of Alabama
Appeal from dreait Court, Jefferson County ; Wm. E. Fort, Judge. Lewis Russell was convicted of murder in the first degree, and he appeals.
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Appeal from dreait Court, Jefferson County ; Wm. E. Fort, Judge. Lewis Russell was convicted of murder in the first degree, and he appeals. The following charges were refused to defendant: (3) The court charges the jury that if they believe from the evidence that defendant was free from fault in bringing on the difficulty, and that at the .time he fired the fatal shot he was being attacked by deceased with a knife in such a manner as to lead a reasonable man to believe that Ms life was in danger, or that he was in danger -of receiving great bodily harm, defendant owed no duty to retreat,…
1Opinion of the Court
ANDERSON, O. ,T.
[1] The bill of exceptions in this ease was presented to the trial judge within 90 days after the judgment was entered, as required by Code 1907, § 3019. This provision also applies to bills of exceptions in criminal cases. Section 6248, Code 1907. It is true the trial was entered into, and the verdict seems to have been rendered, November 8, 1917; but the judgment of the court upon the verdict was not pronounced or entered until November 24th, which was within 90 days of the presentation of the bill of exceptions to the trial judge on February 22, 1918. It is not the verdict…
2Cases cited10 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- Wright v. StateSupreme Court of Alabama · 1893
- Gandy v. StateSupreme Court of Alabama · 1888
- Cheney v. StateSupreme Court of Alabama · 1911
- Harrison v. StateSupreme Court of Alabama · 1906
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3Cited by5 opinions
- Evans v. StateCourt of Criminal Appeals of Alabama · 1976
- Bolden v. StateCourt of Criminal Appeals of Alabama · 1990
- Timmons v. StateCourt of Criminal Appeals of Alabama · 1986
- Dye v. StateAlabama Court of Appeals · 1932
- Clark v. HendersonSupreme Court of Alabama · 1943