Collins v. State
Alabama Court of Appeals
Appeal from Circuit Court, Chambers County ; S. L. Brewer, Judge. Antny Collins was convicted of manslaughter, and he appeals. The facts tend to show that Antny Collins-killed Ott Barker by sliooting him with a pistol,. and that the shooting took place following a short altercation between the parties brought about by the approach of Barker while the crowd was making some change and demanding of Collins some money, which was refused.
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Appeal from Circuit Court, Chambers County ; S. L. Brewer, Judge. Antny Collins was convicted of manslaughter, and he appeals. The facts tend to show that Antny Collins-killed Ott Barker by sliooting him with a pistol,. and that the shooting took place following a short altercation between the parties brought about by the approach of Barker while the crowd was making some change and demanding of Collins some money, which was refused. There was evidence tending to show self-defense. The following charges were refused to the defendant: (1) General affirmative charge. (2) To justify the taking…
1Opinion of the CourtBricken, J.
The defendant was indicted for murder in the second degree, was tried and convicted for the offense of manslaughter in the first degree.
On this appeal the only insistence of error is the refusal of several special charges requested in writing by the defendant.
[1] Charge 1 was the general affirmative •charge in favor of the defendant. Under the evidence in this case the defendant was not entitled to this charge. The affirmative charge should not be given where the evidence is in conflict as to any material fact in issue, or where from the evidence reasonable inferences might be drawn…
2Cases cited13 opinions
- Powell v. StateAlabama Court of Appeals · 1912
- Gaston v. StateSupreme Court of Alabama · 1909
- Gilmore v. StateSupreme Court of Alabama · 1899
- Hardley v. StateSupreme Court of Alabama · 1918
- Adams v. StateSupreme Court of Alabama · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jackson v. StateSupreme Court of Alabama · 1938
- Lovelady v. StateAlabama Court of Appeals · 1931
- Adkins v. StateAlabama Court of Appeals · 1924
- Ex Parte CollinsSupreme Court of Alabama · 1919
- La Farlett v. StateAlabama Court of Appeals · 1924
5 more not listed; retrieve them via the Exa API.