Carroll v. State
Supreme Court of Alabama
Error to the Circuit Court of Autauga. Tried before the Hon. Nathan Cook. The plaintiff in error, John Carroll, was indicted for the murder of one John Key. On the trial, the State introduced evidence tending to prove that the deceased was found dead at the house of the prisoner, and that he came to his death from gun-shot wounds.
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Error to the Circuit Court of Autauga. Tried before the Hon. Nathan Cook. The plaintiff in error, John Carroll, was indicted for the murder of one John Key. On the trial, the State introduced evidence tending to prove that the deceased was found dead at the house of the prisoner, and that he came to his death from gun-shot wounds. The State then offered to prove, by one Goree, that he was one of the guard who conveyed the prisoner to jail after his commitment; that while he was conveying the prisoner to jail, he asked him, with a view of ascertaining whether he felt any penitence, £ if it was…
1Opinion of the CourtGoldth Waite, J.
We will first consider the questions presented by the refusal of the court to give the charge requested.
This charge was, in effect, that if the prisoner acted under a well grounded apprehension, created by all the circumstances, that it was necessary to take the life of the deceased to protect the possession of his own dwelling house, he could not be convicted of murder in either degree. To ascertain whether this charge asserted a sound legal proposition, as applicable to the evidence, we must first determine the extent and degree of protection which the law affords to the inhabitant of a…
2Cases cited1 opinion
- State v. ClarissaSupreme Court of Alabama · 1847
3Cited by52 opinions
- State v. CainWest Virginia Supreme Court · 1882
- Storey v. StateSupreme Court of Alabama · 1882
- Noles v. StateSupreme Court of Alabama · 1854
- Brister v. StateSupreme Court of Alabama · 1855
- Levison v. StateSupreme Court of Alabama · 1875
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