Washington v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried before the Hon. A. H. Alston. The appellant in this case was indicted and tried for the murder of one Bob White, was convicted of murder in the second degree, and sentenced to the penitentiary for ten years.
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Appeal from the Circuit Court of Washington. Tried before the Hon. A. H. Alston. The appellant in this case was indicted and tried for the murder of one Bob White, was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. The evidence for the State showed that while the defendant was in the house of a friend, Bob White came up to him and drawing his pistol and putting it in the defendant’s face, took the defendant to task about something he heard the defendant had said about him; that upon the defendant denying it, a quarrel ensued, in which the defendant…
1Opinion of the CourtHaralson, J.
1. The evidence tends ■ to show without conflict, that the defendant, without fault in bringing on the difficulty, did what he could to avoid it when precipitated on him by deceased, and retreated in the face of apparent peril. That part of the general charge of the court to the jury first excepted to, states generally, a correct proposition of law on the doctrine of retreat. If abstract when applied to the facts of this case, adhering to the rule in respect to the giving or refusing to give abstract charges, we would not reverse on account of this charge.
2. The second part of the oral charge…
2Cases cited6 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Gunter v. StateSupreme Court of Alabama · 1887
- Cobia v. StateSupreme Court of Alabama · 1849
- Zaner v. StateSupreme Court of Alabama · 1891
- Foster v. StateSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ex Parte TannerSupreme Court of Alabama · 1929
- Ex Parte JenkinsAlabama Court of Appeals · 1955
- Prothro v. StateCourt of Criminal Appeals of Alabama · 1979
- Allen v. StateSupreme Court of Alabama · 1954
- Christensen v. StateSupreme Court of Kansas · 1949
23 more not listed; retrieve them via the Exa API.