Langston v. State
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; Tennis Tidwell, Special Judge. Bob Langston was convicted of manslaughter, and appeals. The following charges were refused to defendant: (2) If there is a probability of defendant’s innocence, the jury should acquit him. (5) I charge you that it was not necessary for defendant to retreat because the facts in the case show that defendant was in his own castle.
Read the full summary
Appeal from Circuit Court, Morgan County; Tennis Tidwell, Special Judge. Bob Langston was convicted of manslaughter, and appeals. The following charges were refused to defendant: (2) If there is a probability of defendant’s innocence, the jury should acquit him. (5) I charge you that it was not necessary for defendant to retreat because the facts in the case show that defendant was in his own castle. (6) If, after looking at all the evidence in the case, your minds are left in such a state of uncertainty that you cannot say beyond a reasonable doubt whether defendant acted upon a well-founded…
1Opinion of the CourtBricken, J.
This is the second appeal taken in this case. The former opinion will be found reported in 8 Ala. App. 129, 63 South. 38.
The defendant was indicted for murder in the first degree. On the former trial he was convicted of manslaughter in the first degree, and on appeal to this court the judgment was reversed, and eause remanded for new trial. Upon the trial appealed from in this instance he pleaded former jeopardy as to murder in the first and second degree, which plea was confessed by the state, and he was tried for manslaughter in the first degree. During the progress of the trial numerous…
2Cases cited11 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Twitty v. StateSupreme Court of Alabama · 1910
- Smith v. StateSupreme Court of Alabama · 1880
- Ferguson v. StateSupreme Court of Alabama · 1901
- Black v. StateAlabama Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Van Antwerp v. StateCourt of Criminal Appeals of Alabama · 1978
- Carroll v. StateCourt of Criminal Appeals of Alabama · 1979
- Garrett v. StateAlabama Court of Appeals · 1947
- Collins v. StateAlabama Court of Appeals · 1919
- Farley v. StateAlabama Court of Appeals · 1948
7 more not listed; retrieve them via the Exa API.