Howell v. State
Supreme Court of Alabama
From the Circuit Court of Shelby. Tried before the ILon. S. H. Sprott. The defendant in this case was indicted for an assault and battery on one H. A. Davis, and was tried on issue joined on the plea of not guilty.
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From the Circuit Court of Shelby. Tried before the ILon. S. H. Sprott. The defendant in this case was indicted for an assault and battery on one H. A. Davis, and was tried on issue joined on the plea of not guilty. On the trial, as the bill of exceptions .states, the State introduced evidence “ tending to show that, in the ‘Coalings’ in Shelby county, within twelve months before the finding of the indictment, the defendant and said Davis met; that Davis said, ‘who is going to' fill this hearth V to which defendant replied, that he was, and that Mr. Nelson had sent him to do it: that Davis…
1Opinion of the CourtSomeryille, J.
It is true that, where two persons meet together, and quarrel by bandying opprobrious or insulting words, and then fight each other willingly, or by mutual consent, it is immaterial which of them commenced the quarrel, for neither can set up the plea of self-defense. If the place of the fighting be public, each would be guilty of an affray; if private, of an assault and battery.
So, the combatant who provokes a difficulty, by using the first words of insult, or otherwise, being regarded as the aggressor, can not plead that he afterwards struck in self-defense, whether he fought willingly or…
2Cited by5 opinions
- Greenwood Cafe v. WalshAlabama Court of Appeals · 1917
- Blankenship v. StateAlabama Court of Appeals · 1914
- McWilliams v. StateAlabama Court of Appeals · 1915
- Adams v. StateAlabama Court of Appeals · 1917
- Johnson v. StateSupreme Court of Alabama · 1902