Teague v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. The appellant, Albert Teague, was indicted and tried for the murder of Walter Clark, by shooting him with a gun, was convicted of murder in the second degree, and sentenced to the penitentiary for thirty-five years'. The evidence for the State tended to show that the defendant had become aggrieved at the deceased, who was railroad agent and telegraph operator at Albertville, ■Alabama, because he…
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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. The appellant, Albert Teague, was indicted and tried for the murder of Walter Clark, by shooting him with a gun, was convicted of murder in the second degree, and sentenced to the penitentiary for thirty-five years'. The evidence for the State tended to show that the defendant had become aggrieved at the deceased, who was railroad agent and telegraph operator at Albertville, ■Alabama, because he would not send a telegram which the defendant had delivered to him, without the prepayment of the charges, and that as…
1Opinion of the CourtMcCLELLAN, C. J.
On the evidence in .this record most favorable to the defendant, he is guilty of murder. He was palpably at fault on his own testimony in bringing on the difficulty which resulted in his killing his opponent, if there was any "difficulty,” so far as any act of the deceased was necessary to constitute it; and, if at any time he was in imminent peril, it is clear beyond adverse inference that he could have retreated with the greatest ease and safety. The trial court was, therefore, not in error in excluding testimony of the violent and bloodthirsty character of the deceased; there was no issue…
2Cited by8 opinions
- Payne v. StateCourt of Criminal Appeals of Alabama · 1972
- Sanders v. StateSupreme Court of Alabama · 1942
- Pueblo v. SuttonSupreme Court of Puerto Rico · 1911
- Martin v. StateSupreme Court of Alabama · 1906
- Russell v. StateCourt of Criminal Appeals of Alabama · 1970
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