Francis v. State
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaice. Jack Francis was convicted of murder, and he appeals. The following charge was refused to defendant: (1) I charge you that defendant, having been employed as night watchman at the place where the difficulty occurred, was under no obligation to retreat or run away from his place of business, but that he had a right to stand his ground and resist an attack made on him, if any were made.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaice. Jack Francis was convicted of murder, and he appeals. The following charge was refused to defendant: (1) I charge you that defendant, having been employed as night watchman at the place where the difficulty occurred, was under no obligation to retreat or run away from his place of business, but that he had a right to stand his ground and resist an attack made on him, if any were made. Charge A given is as follows: Defendant in this case was under no' legal obligations to retreat from the place where the difficulty occurred,…
1Opinion of the CourtGardner, J.
The defendant was convicted of murder in the first degree, and his punishment fixed at life imprisonment. The trial was had on October 3, 1913.
It is first insisted by counsel for appellant that there was reversible error in the admission in evidence by the trial court of the testimony of one O. L. Turley, taken on preliminary trial; said witness being absent on the final trial.
■ The witness Rankin, one of the counsel for the state, was permitted to testify, without objection, that he examined O. L. Turley as a witness on preliminary trial of this case; that he had a conversation with said…
2Cases cited5 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Lowe v. StateSupreme Court of Alabama · 1888
- Lowery v. StateSupreme Court of Alabama · 1893
- Burton v. StateSupreme Court of Alabama · 1894
- Snyder v. StateSupreme Court of Alabama · 1906
3Cited by10 opinions
- Cauley v. StateAlabama Court of Appeals · 1948
- Mathis v. StateAlabama Court of Appeals · 1916
- McLaughlin v. StateCourt of Criminal Appeals of Alabama · 1991
- Cook v. StateSupreme Court of Alabama · 1959
- Mayhall v. StateAlabama Court of Appeals · 1927
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