Noles v. State
Supreme Court of Alabama
ERROR ■ from the Circuit Court of Dallas. Tried before the Hon. Nat. Cooe. Joseph Noles was indicted, at the Spring term, 1853, for the murder of one George T. Sharp; was tried, and convicted, and sentenced to be hung, but the judgment was reversed at the June term, 1854, of the Supreme Court, and the cause remanded. — See 24 Ala. 612. A second trial was had at the Fall term, 1854, which resulted in another conviction, from which this writ of error is prosecuted.
Read the full summary
ERROR ■ from the Circuit Court of Dallas. Tried before the Hon. Nat. Cooe. Joseph Noles was indicted, at the Spring term, 1853, for the murder of one George T. Sharp; was tried, and convicted, and sentenced to be hung, but the judgment was reversed at the June term, 1854, of the Supreme Court, and the cause remanded. — See 24 Ala. 612. A second trial was had at the Fall term, 1854, which resulted in another conviction, from which this writ of error is prosecuted. The bill of exceptions sets out all the evidence, which, with such alterations as are necessary to make it intelligible in print,…
1Opinion of the CourtBice, J.
— To excuse one individual for taking the life of another, there must exist a necessity to prevent the commission of a felony or great bodily harm, or a reasonable belief in the mind of the slayer that such necessity does exist. If there is neither the existence of such necessity, nor any reasonable belief of its existence, the law will not acquit the slayer of all guilt.—Oliver v. The State, 17 Ala. 587; Pritchett v. The State, 22 ib. 39.
The case of a mere trespass upon the person and liberty of the slayer, which created no reasonable belief in his mind that any of the trespassers would…
2Cases cited4 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Oliver v. StateSupreme Court of Alabama · 1850
- Carroll v. StateSupreme Court of Alabama · 1853
- Allen v. SmithSupreme Court of Alabama · 1853
3Cited by31 opinions
- State v. CainWest Virginia Supreme Court · 1882
- Eiland v. StateSupreme Court of Alabama · 1875
- Brown v. StateSupreme Court of Alabama · 1895
- Suell v. DerricottSupreme Court of Alabama · 1909
- Spooney v. StateSupreme Court of Alabama · 1928
26 more not listed; retrieve them via the Exa API.