Jackson v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. From a conviction of murder in the second degree Da.ve Jackson appeals. Under the circumstances in this case the right of self-defense revived.— Parker v. The State, 88 Ala. 4; Story’s Case, 71 Ala. 330. Under these authorities, it is apparent that the court erred in its oral charge to the' jury, and that the question of the good faith of the defendant should have been submitted to the jury.
1Opinion of the CourtPelham, J.
The defendant was tried on an indictment charging murder, and was convicted of murder in the second degree. On the trial defendant reserved several exceptions to the oral charge of the court, which are set out in the record. The first exception is in the following language: “We desire to reserve an exception to that portion of your- honor’s charge where you stated, if the defendant went off and got that pistol for the purpose of coming hack and renewing, then he cannot invoke the doctrine of self-defense. The stenographer has it exactly as you said — if he got the pistol and came back for the…
2Cases cited8 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- McNeill v. StateSupreme Court of Alabama · 1893
- Williams v. StateSupreme Court of Alabama · 1887
- Stallworth v. StateSupreme Court of Alabama · 1906
- Parker v. StateSupreme Court of Alabama · 1889
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3Cited by6 opinions
- Allen v. StateCourt of Criminal Appeals of Oklahoma · 1994
- Mitchell v. StateAlabama Court of Appeals · 1916
- Arden v. StateAlabama Court of Appeals · 1912
- Flowers v. StateAlabama Court of Appeals · 1911
- Allen v. StateCourt of Criminal Appeals of Oklahoma · 1994
1 more not listed; retrieve them via the Exa API.