Bluitt v. State
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Rich Bluitt was convicted of manslaughter, and he appeals. The following charges were refused to the defendant: “(4) I charge you, gentlemen of the jury, that you cannot convict the defendant unless yon believe from the evidence that the defendant' shot the deceased unlaAVfully and with malice.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Rich Bluitt was convicted of manslaughter, and he appeals. The following charges were refused to the defendant: “(4) I charge you, gentlemen of the jury, that you cannot convict the defendant unless yon believe from the evidence that the defendant' shot the deceased unlaAVfully and with malice. (5) I charge you that if you believe from the evidence that defendant did not bring on the difficulty, and had no reasonable way of escape, and he shot deceased under circumstances Avhich Avould lead a reasonable man to believe…
1Opinion of the CourtAnderson, J.
The defendant was tried for manslaughter, not murder; and as malice is not an essential ingredient of manslaughter, charge 4, by the defendant, was properly refused.
Charges 5, 6, 7, and 8, requested by defendant, were properly refused. If not otherwise bad, they were faulty and misleading in pretermitting defendants freedom from fault in provoking the difficulty. He may not have actually brought on the difficulty, but may have, by some word or deed, provoked or contributed to same, yet"the jury could be misled by the charges to the exoneration of the defendant, unless he actually, solely, and…
2Cases cited1 opinion
- Bluett v. StateSupreme Court of Alabama · 1907
3Cited by33 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- O'Rear v. StateSupreme Court of Alabama · 1914
- Forman v. StateSupreme Court of Alabama · 1914
- Cain v. SkillinSupreme Court of Alabama · 1929
- Hudson v. StateSupreme Court of Alabama · 1928
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