Harold v. State
Alabama Court of Appeals
Murder. Appeal from Escambia Circuit Court. Heard before Hon. A. E. Gamble. Charlie Harold, alias, was convicted of murder in the second degree, and he appeals. The evidence sufficiently appears from the opinion of the court.
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Murder. Appeal from Escambia Circuit Court. Heard before Hon. A. E. Gamble. Charlie Harold, alias, was convicted of murder in the second degree, and he appeals. The evidence sufficiently appears from the opinion of the court. The following charges were refused defendant: (16) If the jury believe from the evidence that defendant was free from fault in bringing on the difficulty in which deceased lost his life, and that deceased made an attack upon him with a deadly weapon with murderous intent, defendant was under no obligation to flee, but had the legal right to stand his ground, and if need…
1Opinion of the CourtThomas, J.
The only insistence of appellant’s counsel in this case is that the trial court erred in refusing written charges 16, 19, 20, 39, and 41 requested by appellant, in disposing of which insistence it is necessary that we review briefly the evidence.
Ignoring the case as made by the evidence for the state, and taking as true the defendant’s own version, it appears that, shortly before the difficulty, deceased was at a livery stable in the town of Brewton, where he *77bad some whisky, of which he had been drinking when defendant came np and upon invitation of deceased also' took a drink; that while…
2Cases cited6 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Lewis v. StateSupreme Court of Alabama · 1874
- Langham v. StateAlabama Court of Appeals · 1915
- Beasley v. StateSupreme Court of Alabama · 1913
- Cook v. StateAlabama Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Morris v. StateCourt of Criminal Appeals of Alabama · 1971
- Warren v. StateAlabama Court of Appeals · 1949
- Nixon v. StateSupreme Court of Alabama · 1958
- Posey v. StateCourt of Criminal Appeals of Alabama · 1976
- King v. StateAlabama Court of Appeals · 1915