Hall v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. Wm. E. Fort. Mary Hall, alias, etc., was indicted for the killing of Dalia Turner, convicted of manslaughter, and she appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. Wm. E. Fort. Mary Hall, alias, etc., was indicted for the killing of Dalia Turner, convicted of manslaughter, and she appeals. The evidence tended to show the killing was done with a pistol in the hallways or doorway of a room on Fourth avenue in the city of Birmingham, that for the state tending to show an unprovoked killing, and that for defendant tending to show that defendant was living in the room near where the killing occurred, and was occupying the room as a home, and that at the time the Turner woman was walking toward her,…
1Opinion of the CourtBrown, P. J.
The defendant was convicted of manslaughter. The only matter complained of is the refusal of certain special charges requested by the defendant.(1) There was evidence tending to show that the defendant was not free from fault in provoking the difficulty. The first charge complained of, which- we have designated for convenience as charge B, and charge J pretermit the defendant’s freedom from fault.- — Daniel v. State, 14 Ala. App. 63, 71 South. 79; Andrews v. State, 159 Ala. 29, 48 South. 858.(2) Charges C and D were properly refused because argumentative.
It is not enough that the defendant…
2Cases cited4 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Langham v. StateAlabama Court of Appeals · 1915
- Jones v. StateSupreme Court of Alabama · 1897
- Daniel v. StateAlabama Court of Appeals · 1916