Walton v. State

Assault with intent to murder has as one •of its ingredients “malice” as known at common law.

Self defense can arise under the plea of mot guilty. The gravity of a former difficulty is relevant to show the degree of apprehension with which a defendant could look upon a hostile demonstration by the -victim.

Thus, later cases follow Judge McElroy’s ■suggestion of trial court discretion as to the ■degree of detail of the former difficulty to be deemed admissible.

Thus, our Supreme Court per Harwood, J., in Wright v. State, 279 Ala. 543, 188 So. 2d 272, has said:

“As observed by Judge McElroy in his…