Clark v. State
Alabama Court of Appeals
Appeal from Oircuit Court, Geneva County; H. A. Pearce, Judge. Will Clark was convicted of murder in the second degree, and lie appealed. The following are charges refused: B. The court charges the jury that, if you believe the evidence in this case, the defendant was free from fault, in bringing on the difficulty.
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Appeal from Oircuit Court, Geneva County; H. A. Pearce, Judge. Will Clark was convicted of murder in the second degree, and lie appealed. The following are charges refused: B. The court charges the jury that, if you believe the evidence in this case, the defendant was free from fault, in bringing on the difficulty. G. If, at the time the defendant fired the fatal shot and killed Ballard, then reasonably appeared to the defendant no reasonable avenue of escape, and at said time the defendant had just apprehension that he was in danger of suffering great bodily harm, and was free from fault in…
1Opinion of the CourtMerritt, J.
The appellant was indicted for murder in the first degree, was convicted of murder in the second degree, and sentenced to the penitentiary for a term of 15 years.
[1, 2] In the examination of several witnesses, the solicitor, over the objection of the defendant, was permitted to show that the defendant just before the shooting had his pistol concealed, and that it was not open to view. The objections made to these questions were general, and motions to exclude the answer were predicated on general grounds. The appellant insists that by this testimony the state invoked the provisions of section…
2Cases cited12 opinions
- Rigell v. StateAlabama Court of Appeals · 1913
- Ragland v. StateSupreme Court of Alabama · 1912
- Wilson v. StateSupreme Court of Alabama · 1903
- Malone v. StateAlabama Court of Appeals · 1917
- Wilson v. StateSupreme Court of Alabama · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Crawford v. StateSupreme Court of Alabama · 1954
- Richardson v. StateAlabama Court of Appeals · 1953
- Bailey v. StateSupreme Court of Alabama · 1924
- Webb v. StateAlabama Court of Appeals · 1934
- Clark v. StateSupreme Court of Alabama · 1921