Keef v. State
Alabama Court of Appeals
Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. John Keef was convicted of manslaughter in the first degree, and he appeals.
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Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. John Keef was convicted of manslaughter in the first degree, and he appeals. The following charges were refused to defendant: “(1) If you believe from the evidence that defendant was feloniously pursued by deceased and his brothers in such a way as to induce in him a well-grounded belief that he was actually in danger of great bodily harm, or of losing his life, when acting under the influence of such apprehension, he would be justified in defending himself whether the danger was real or apparent. “(2) In determining whether…
1Opinion of the CourtThomas, J.
No exceptions were reserved, and consequently no other questions are presented for review, except as to the action of the court in refusing certain charges requested by defendant in writing.
The first of these charges, numbered 1, is bad, in that it ignores all question of retreat. — Wharton on Homicide, 471 (3d Ed.) ; Gordon v. State, 140 Ala. 29, 36 South. 1009; Mann v. State, 134 Ala. 1, 32 South. 704; Scott v. State, 133 Ala. 112, 32 South. 623; Jimmerson v. State, 133 Ala. 18, 32 South. 141. Moreover, it pretermits a consideration by the jury of the question of freedom from fault in…
2Cases cited11 opinions
- Jarvis v. StateSupreme Court of Alabama · 1902
- Bell v. StateSupreme Court of Alabama · 1896
- Mann v. StateSupreme Court of Alabama · 1901
- Gordon v. StateSupreme Court of Alabama · 1903
- Harkness v. StateSupreme Court of Alabama · 1900
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3Cited by1 opinion
- Kyser v. StateCourt of Criminal Appeals of Alabama · 1987