Stillwell v. State
Supreme Court of Alabama
Appeal from the-Circuit Court of Pike. Tried before the Hon. J. W. Foster. The appellant, Minzy Stillwell, was indicted and tried for the murder of Sam Raiford, was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. On' the trial, as is shown by the bill of exceptions, it was shown that the deceased came to his death from the effects of a' blow which fractured his skull, the blow being' struck by the defendant.
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Appeal from the-Circuit Court of Pike. Tried before the Hon. J. W. Foster. The appellant, Minzy Stillwell, was indicted and tried for the murder of Sam Raiford, was convicted of murder in the second degree, and sentenced to the penitentiary for ten years. On' the trial, as is shown by the bill of exceptions, it was shown that the deceased came to his death from the effects of a' blow which fractured his skull, the blow being' struck by the defendant. The testimony for the State further tended to show that the defendant and the deceased, together with other men, were in a bar room in the city…
1Opinion of the CourtHaralson, J.
There was no error in that part of the court’s general charge and the 3rd charge given for the State, to which exceptions were reserved, as applicable to the facts of this case. One may be at fault in bringing on a difficulty, but if he withdraws from it in good faith and is departing, and the other party pursues him, and firings on the difficulty again by his own fault, he cannot invoke the doctrine of self-defense,, but will be *21treated, as an aggressor a?) initio. — Parker v. The State, 88 Ala. 4; Bostic v. The State, 94 Ala. 47.
Charges 1 and 2 asked and given for the State assert very…
2Cases cited4 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Felix v. StateSupreme Court of Alabama · 1851
- Bostic v. StateSupreme Court of Alabama · 1891
- Parker v. StateSupreme Court of Alabama · 1889
3Cited by13 opinions
- Jarvis v. StateSupreme Court of Alabama · 1902
- Compton v. StateSupreme Court of Alabama · 1895
- Brewer v. StateSupreme Court of Alabama · 1909
- Heningburg v. StateSupreme Court of Alabama · 1907
- Reynolds v. StateCourt of Criminal Appeals of Alabama · 1977
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