Legal Opinion

Teel v. State

Alabama Court of Appeals

Decided January 17, 1922No. 5 Div. 377. [fn*]PublishedCited by 6 opinions

Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Robert Teel was indicted for murder in the first degree, convicted of manslaughter in the first degree, and he appeals. It is alleged that Teel killed Gordon Jones by striking him with a stick. The difficulty occurred in .a tie yard, where both the defendant and the deceased were hauling and banking ties.

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Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Robert Teel was indicted for murder in the first degree, convicted of manslaughter in the first degree, and he appeals. It is alleged that Teel killed Gordon Jones by striking him with a stick. The difficulty occurred in .a tie yard, where both the defendant and the deceased were hauling and banking ties. The evidence was in sharp conflict as to who was the aggressor, and as to the matter of self-defense, but it was undisputed that the deceased died from the effects of a blow on the head from a stick in the hands of the…

1Opinion of the Court

The appellant was indicted for murder in the first degree, convicted of manslaughter in the first degree, and sentenced to the penitentiary for a term of five years. The only insistence of error on the part of the trial court is the refusal to give several written charges requested by the appellant.

Charge 1 was properly refused. While this charge was held good in the case of Cheney v. State, 172 Ala. 368, 55 So. 803, it will be noted that in this case there was no duty devolving upon defendant to retreat, the difficulty having occurred in defendant's pool room, and there was no evidence that…

2Cases cited9 opinions

  1. Bluett v. StateSupreme Court of Alabama · 1907
  2. Ex parte DavisSupreme Court of Alabama · 1913
  3. O'Rear v. StateSupreme Court of Alabama · 1914
  4. Chaney v. StateSupreme Court of Alabama · 1912
  5. Cheney v. StateSupreme Court of Alabama · 1911

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Ashworth v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1924
  2. Ex Parte State Ex Rel. Atty. Gen.Supreme Court of Alabama · 1922
  3. Thompson v. StateAlabama Court of Appeals · 1930
  4. Kirkley v. StateAlabama Court of Appeals · 1924
  5. Williams v. StateAlabama Court of Appeals · 1922

1 more not listed; retrieve them via the Exa API.

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