Legal Opinion

Outler v. State

Supreme Court of Alabama

Decided June 14, 1906PublishedCited by 7 opinions

Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearoe. The evidence tended to show that defendant was.at a well drawing water in the rear of Gordon Bros.’ store, in Covington county, and deceased was on a wagon near the rear of said store. Defendant’s wife came up to where deceased was ,and asked him why he had cursed her child, whereupon he cursed her and told her he would slap her head off.

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Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearoe. The evidence tended to show that defendant was.at a well drawing water in the rear of Gordon Bros.’ store, in Covington county, and deceased was on a wagon near the rear of said store. Defendant’s wife came up to where deceased was ,and asked him why he had cursed her child, whereupon he cursed her and told her he would slap her head off. Defendant asked him not to curse his wife, and deceased inquired of him, using an oath, what he had to do' with it. Deceased was drinking. Defendant replied that he did not want deceased to…

1Opinion of the CourtTyson, J.

The defendant’s conviction was not dependent upon the testimony of witness Terry. Indeed, under the testimony adduced through other witnesses, who saw the shooting ,the jury might well have found the defendant guilty. If it be true that defendant shot deceased while he was running, after getting possession of 1ns pistol, no matter who was at fault in bringing on the difficulty in which the pistol was wrenched by defendant from the hands of the deceased, he could not be *42guiltless. It was with respect as to what occurred between deceased and defendant prior to the scuffle between them over the…

2Cases cited2 opinions

  1. Jackson v. StateSupreme Court of Alabama · 1902
  2. Mathews v. StateSupreme Court of Alabama · 1893

3Cited by7 opinions

  1. Lovejoy v. StateAlabama Court of Appeals · 1948
  2. Jackson v. StateAlabama Court of Appeals · 1912
  3. Connolly v. StateCourt of Criminal Appeals of Alabama · 1991
  4. Logan v. StateSupreme Court of Alabama · 1908
  5. Wilson v. StateCourt of Criminal Appeals of Alabama · 1975

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