Richardson v. State
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. James Richardson was convicted of murder, and he appeals.
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Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. James Richardson was convicted of murder, and he appeals. The following charges were refused to the defendant: (1)I charge you, gentlemen of the jury, that if there is one single fact proved to the satisfaction of the jury which is inconsistent with the defendant’s guilt, that is sufficient to create a reasonable doubt in your minds, then the jury should give the defendant the benefit of the doubt and acquit him. (2) I charge you, gentlemen of the jury, that the law of Alabama gives a person the same-right to use such force as…
1DissentMcOLELLAN, J.
On November 11,1918, the appellant shot his son-in-law, John Baxter, who a few days later died from his wounds. Read most favorably to the accused, the evidence for defendant put forward this defense only: That Baxter approached a family party on an Anniston street and undertook to take his (Baxter’s) four year old child from its mother or its grandmother (defendant’s wife); Mrs. Baxter having left her husband, the deceased, about two months before the shooting and returned to the home of her father, this defendant; that Mrs. Baxter resented or resisted this effort of her husband, the…
2Cases cited12 opinions
- Austin v. BeanSupreme Court of Alabama · 1894
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Callan v. McDanielSupreme Court of Alabama · 1882
- Western Union Tel. Co. v. FavishSupreme Court of Alabama · 1916
- Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
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