Harrison v. State
Supreme Court of Alabama
Error to the Circuit Court of Clarke. Tried before the Hon. John. A, Cuthbert. Robert R. Harrison, the plaintiff in error, was indicted for the murder of one George W. Gilbei t; was tried and found guilty, and sentenced to the penitentiary for the term of his natural life.
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Error to the Circuit Court of Clarke. Tried before the Hon. John. A, Cuthbert. Robert R. Harrison, the plaintiff in error, was indicted for the murder of one George W. Gilbei t; was tried and found guilty, and sentenced to the penitentiary for the term of his natural life. A bill of exceptions was sealed at the trial, by which it appears that the deceased aid Harrison were brothers-in-law; that some time previous to the killing a ditch had been dug by the deceased, some four feet deep, which drained a pond of water that otherwise accumulated on the land both of Harrison and the deceased,…
1Opinion of the CourtChilton, C. J.
The charge which was given, when considered with reference to the facts set out in the bill of exceptions, was more favorable to the defendant than the law would authorize. There was no evidence that Gilbert was about to shoot Harrison, when the latter killed him ; on the contrary, he was standing with Ms gun on Ms shoulder, and about speaking to his wife, when he was shot down, and this shooting was carrying out a. threat made to the wife of Gilbert by Harrison, that he would kill him if he came there.
The law of self-defence, so far as the proof set out in the record shows the transaction,…
2Cases cited2 opinions
- Pritchett v. StateSupreme Court of Alabama · 1853
- Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1808
3Cited by18 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Dupree v. StateSupreme Court of Alabama · 1859
- Lewis v. StateSupreme Court of Alabama · 1874
- Holley v. StateSupreme Court of Alabama · 1883
- Williams v. StateSupreme Court of Alabama · 1870
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