Blankenship v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wekt. Roscoe Blankenship was convicted of assault and battery, and he appeals. The criticism of the charges given for defendant sufficiently indicate the grounds of their refusal.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wekt. Roscoe Blankenship was convicted of assault and battery, and he appeals. The criticism of the charges given for defendant sufficiently indicate the grounds of their refusal. The following charge is charge A, given for the state: Before the burden is cast upon the state to show that he was the aggressor, defendant must reasonably satisfy the jury of his inability to have safely retreated, and of the other elements of self-defense. B. If defendant failed to prove that he acted in self-defense, then defendant should be…
1Opinion
ON REHEARING.
Since handing down the foregoing opinion, we find that our Supreme Court in a recent case (Beyer v. B. R. L. & P. Co., 64 South. 609) has expressly decided that the doctrine of retreat has no application and is not necessary to the right of self-defense in assault and battery cases, and this court has, therefore, ex mero motu restored the present case to the docket for reconsideration, and it results upon such reconsideration that our ruling on one of the charges mentioned in the opinion must, as a consequence, be changed. This charge is charge A given at the request of the…
2Cases cited4 opinions
- Davis v. StateAlabama Court of Appeals · 1913
- Beyer v. Birmingham Ry. L. & P. Co.Supreme Court of Alabama · 1914
- Johnson v. StateSupreme Court of Alabama · 1902
- Spigner v. StateSupreme Court of Alabama · 1893