Blankenship v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wekt. Roscoe Blankenship was convicted of assault and battery, and he appeals. The criticism of the charges given for defendant sufficiently indicate the grounds of their refusal.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wekt. Roscoe Blankenship was convicted of assault and battery, and he appeals. The criticism of the charges given for defendant sufficiently indicate the grounds of their refusal. The following charge is charge A, given for the state: Before the burden is cast upon the state to show that he was the aggressor, defendant must reasonably satisfy the jury of his inability to have safely retreated, and of the other elements of self-defense. B. If defendant failed to prove that he acted in self-defense, then defendant should be…
1Opinion of the CourtThomas, J.
The defendant was charged with assault and battery and convicted as charged. He undertook to justify or excuse on the ground of self-defense; and the only questions presented for review arise upon the action of the trial court in refusing- certain written charges requested by him relating to the defense mentioned, and in giving certain written charges requested by the state and in overruling defendant’s motion to retax certain items of the costs.
As pertaining to one of the questions raised by some of the refused charges, we may say that it is not our understanding- of the law that the…
2Cases cited15 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Beard v. United StatesSupreme Court of the United States · 1895
- Johnson v. StateSupreme Court of Alabama · 1893
- Stoball v. StateSupreme Court of Alabama · 1897
- Brewer v. StateSupreme Court of Alabama · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Finch v. StateCourt of Criminal Appeals of Alabama · 1983
- Greenwood Cafe v. WalshAlabama Court of Appeals · 1917
- State v. GoldbergNew Jersey Superior Court Appellate Division · 1951
- Patty v. StateSupreme Court of Alabama · 1942
- Love v. StateAlabama Court of Appeals · 1919
4 more not listed; retrieve them via the Exa API.