Rutledge v. State
Supreme Court of Alabama
From tbe Circuit Court of Madison. Tried before tbe Hon. H. C. Speake. Tbe defendant in tbis case, Jim Butledge, was indicted for tbe murder of Dave Donegan, by shooting bim with a pistol; was convicted of murder in tbe first degree, and sentenced to tbe penitentiary for tbe term of forty-tbree years.
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From tbe Circuit Court of Madison. Tried before tbe Hon. H. C. Speake. Tbe defendant in tbis case, Jim Butledge, was indicted for tbe murder of Dave Donegan, by shooting bim with a pistol; was convicted of murder in tbe first degree, and sentenced to tbe penitentiary for tbe term of forty-tbree years. Tbe killing occurred on tbe street in Huntsville, on the evening of February 20th, 1889, as the deceased was about entering the door of a barber-shop, having his hand on the door-knob when the fatal shot was fired; and having entered and shut the door behind him, the defendant went around to a…
1Opinion of the CourtMcCLELLAN, J.
We understand the rule in respect to the admission of evidence, on the part of a defendant- on trial for murder, of previous threats by, or difficulties with, or ill-feeling on the part of the deceased, to be this: that when any phase of the testimony would, if believed, present a case of self-defense, then the accused, using this aspect of the facts adduced as a predicate therefor, may go further, and strengthen it, by showing that the deceased had threatened him, or entertained ill-feeling toward him, or that there had been difficulties between them; and a like doctrine obtains with respect…
2Cases cited19 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- Eiland v. StateSupreme Court of Alabama · 1875
- Roberts v. StateSupreme Court of Alabama · 1880
- McAnally v. StateSupreme Court of Alabama · 1883
- Tesney v. StateSupreme Court of Alabama · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Bankston v. StateSupreme Court of Alabama · 1978
- Henderson v. StateCourt of Criminal Appeals of Alabama · 1990
- Smith v. StateSupreme Court of Alabama · 1916
- Gafford v. StateSupreme Court of Alabama · 1898
- Turner v. StateSupreme Court of Alabama · 1909
24 more not listed; retrieve them via the Exa API.