Legal Opinion

Gibson v. State

Alabama Court of Appeals

Decided December 19, 1912Published

Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Marion Gibson was convicted of manslaughter, and he appeals. The following charges are refused to the defendant: (13) “Any remarks made by the defendant about the deceased’s wife, if you find such remarks were made, would not be such acts and conduct on the part of the, defendant as to put him at fault in bringing on the difficulty at the time of the killing.

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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Marion Gibson was convicted of manslaughter, and he appeals. The following charges are refused to the defendant: (13) “Any remarks made by the defendant about the deceased’s wife, if you find such remarks were made, would not be such acts and conduct on the part of the, defendant as to put him at fault in bringing on the difficulty at the time of the killing. (14) “The court charges the jury that if it be a fact that the defendant had stated that he had hugged and kissed Wood’s wife, and that these facts were known to Wood for…

1Opinion of the CourtPelham, J.

The defendant, being on trial on an indictment charging him with the murder of one Cicero Woods, testified as a witness in his own behalf that one Frank Methvin had communicated to him certain threats made against him by Woods, the deceased, before the fatal difficulty out of which the prosecution sprang. In this connection the bill of exceptions recites that the defendant’s counsel asked the defendant, when being examined as a witness in his own behalf, the following question: “What did he say Woods had said?” To which question the defendant made the following reply: “Frank told me that…

2Cases cited14 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. Morris v. StateSupreme Court of Alabama · 1906
  3. Bluett v. StateSupreme Court of Alabama · 1907
  4. Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
  5. Hill v. StateSupreme Court of Alabama · 1908

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