Kennedy v. State
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jackson. Tried before the Hon. J. A. Bilbeo. The appellant in this case, Thomas H. Kennedy, was indicted and tried for the murder of John Young, was convicted of murder in the second degree and sentenced to the penitentiary for ten years. ' The State introduced as a witness one James Arnold, who testified that he was present at the time John Young was killed; that he and one Lee Crider, who was cousin of the witness Arnold, went with John…
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Appeal from tlie Circuit Court of Jackson. Tried before the Hon. J. A. Bilbeo. The appellant in this case, Thomas H. Kennedy, was indicted and tried for the murder of John Young, was convicted of murder in the second degree and sentenced to the penitentiary for ten years. ' The State introduced as a witness one James Arnold, who testified that he was present at the time John Young was killed; that he and one Lee Crider, who was cousin of the witness Arnold, went with John Young to the house of the defendant about dark on Tuesday, May 19, 1903; that on arriving at the defendant’s gate, Arnold…
1Opinion of the CourtMoCLELLAN, C. J.
Charge 1 requested by defendant is not abstract: there was evidence tending to show that defendant was in imminent peril to all appearances and that he believed that he was about to be shot by Young when he shot Young. The charge is a correct statement of the law, that it is immaterial in such case whether the apparent danger was in fact real danger. It deals only *9with this question. It does not affirm that on the facts postulated, viz., the apparent danger and defendant’s belief in its reality, the defendant had a right to shoot, nor that he should be acquitted. It does not profess to deal…
2Cited by36 opinions
- Davis v. StateSupreme Court of Alabama · 1914
- McGhee v. StateSupreme Court of Alabama · 1912
- Powell v. StateAlabama Court of Appeals · 1912
- Gaston v. StateSupreme Court of Alabama · 1909
- Pate v. StateSupreme Court of Alabama · 1907
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