Legal Opinion

Judge v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 3 opinions

Heard before the Supreme Court, on affidavits filed in pursuance of tbe following notice; “ To Hon. Alpheus Baker, Judge of the City Court of Eu-faula; to Alto Y. Lee, Solicitor of the 8th Judicial Circuit of Alabama, and to S. H. Dent, Esq., leading counsel for the State in said case : • . “In Supreme Court oe Alabama, July, A. D. 1877. Alexander Judge alias Alex. Judge v. The State of Alabama.

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Heard before the Supreme Court, on affidavits filed in pursuance of tbe following notice; “ To Hon. Alpheus Baker, Judge of the City Court of Eu-faula; to Alto Y. Lee, Solicitor of the 8th Judicial Circuit of Alabama, and to S. H. Dent, Esq., leading counsel for the State in said case : • . “In Supreme Court oe Alabama, July, A. D. 1877. Alexander Judge alias Alex. Judge v. The State of Alabama. “ Take notice that on next Thursday, the 12th day of July A. D. 1877, the appellant in the above named case, will make a motion in the Supreme Court of Alabama to establish a correct bill of…

1Opinion of the CourtManning, J.

This cause was submitted on a motion, under the statute to amend the bill of exceptions, by evidence presented to this court. We have examined the affidavits of the learned and estimable judge of the City Court and of the counsel on both sides of the cause, and find that, in reference to the point over which the contestation is made, there is really no difference between them. In the course of his charge, covering the entire case, the judge said to the jury: “When an assault is made and resistance or a striking back is justified, yet, even here, when the striking back or resistance is made…

2Cited by3 opinions

  1. Bradberry v. StateSupreme Court of Alabama · 1910
  2. Hale v. Goodbar, White & Co.Supreme Court of Alabama · 1886
  3. Ex parte MayfieldSupreme Court of Alabama · 1879

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