Johnson v. State
Supreme Court of Alabama
Appeal from the County Court of Morgan. Tried before the Hon. William E. Skeggs. The appellant in this case, W. T. Johnson, was prosecuted and convicted for an assault and battery upon John Henry with a pistol.
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Appeal from the County Court of Morgan. Tried before the Hon. William E. Skeggs. The appellant in this case, W. T. Johnson, was prosecuted and convicted for an assault and battery upon John Henry with a pistol. The evidence for the State tended to show;that while the defendant was standing in a saloon, John Henry, the person assaulted, walked up to him and said: “I understand you have got a pistol for me;” that thereupon the defendant threw liis hands behind him as if to draw a pistol, when Henry, who ivas in his shirt sleeves, turned his back to Johnson and said: “You see I am not armedthat…
1Opinion of the Court
TYSON, J.-
The evidence without dispute shows that defendant struck the first blow, and this he did while the prosecutor had his back turned to him. He is, therefore, in no position to invoke the doctrine of self-defense. This being true, the court rightly excluded evidence offered by defendant of previous threats by the prosecutor against him.
There is a dispute as to whether the prosecutor or defendant first made use of opprobrious words or abusive language. If defendant was. the first to make use of such language he cannot invoke the protection of section 4345 of the Code. — Brown v. The…
2Cases cited2 opinions
- Brown v. StateSupreme Court of Alabama · 1883
- Howell v. StateSupreme Court of Alabama · 1885
3Cited by3 opinions
- Malchow v. StateAlabama Court of Appeals · 1912
- Russell v. StateAlabama Court of Appeals · 1935
- Blankenship v. StateAlabama Court of Appeals · 1914