Legal Opinion

Pounders v. State

Supreme Court of Alabama

Decided July 11, 1968No. 8 Div. 299PublishedCited by 5 opinions

1Opinion of the Court

COLEMAN, Justice.

Defendant was convicted for murder in the second degree and sentenced to imprisonment for twenty-five years in the penitentiary.

On the trial, defendant pleaded not guilty and self-defense. At the request of the state, the court gave the following written charge:

“State 2. I charge you gentlemen of the jury, that if the defendant’s testimony admits an intentional killing with a deadly weapon, then the burden is on the defendant to prove that he was in imminent peril of life or serious bodily harm and that he shot to protect himself, and he must show this before he is entitled…

2Cases cited4 opinions

  1. Ex Parte WilliamsSupreme Court of Alabama · 1925
  2. Lester v. StateSupreme Court of Alabama · 1960
  3. Perry v. StateSupreme Court of Alabama · 1924
  4. Lester v. StateAlabama Court of Appeals · 1959

3Cited by5 opinions

  1. Atchley v. StateCourt of Criminal Appeals of Alabama · 1981
  2. Graham v. StateCourt of Criminal Appeals of Alabama · 1976
  3. Vaughn v. StateSupreme Court of Alabama · 1974
  4. Messer v. StateCourt of Criminal Appeals of Alabama · 1970
  5. Vaughn v. StateSupreme Court of Alabama · 1974

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