Kirkley v. State
Alabama Court of Appeals
Appeal from Circuit Court, Fayette County; Ernest Lacy, Judge. Aline Kirkley was convicted of manslaughter in the first degree, and appeals. Charge 12, refused to defendant, is a substantial copy of charge 34, set out in the report of Black v. State, 5 Ala. App. 8T, 59 South.
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Appeal from Circuit Court, Fayette County; Ernest Lacy, Judge. Aline Kirkley was convicted of manslaughter in the first degree, and appeals. Charge 12, refused to defendant, is a substantial copy of charge 34, set out in the report of Black v. State, 5 Ala. App. 8T, 59 South. G92. In a case where self-defense is involved, it is error to refuse to give the charge at defendant’s request designated No. 3. Bluett v. State, 151 Ala. 41, 44 South. 84; Bluitt v. State, 161 Ala. 14, 49 South. 854; Richardson v. State, 191 Ala. 21, 68 South. 57; Thomas v. State, 18 Ala. App. 493, 93 South. 287. Charge…
1Opinion of the CourtBrioken, P. J.
This appellant, a white woman, was indicted for the offense of murder in the second degree; the charge being that she killed one Sanders Dillard (her own uncle) by shooting him with a pistol.
Upon the trial of the ease she was convicted of manslaughter in the first degree, the jury fixing her punishment at four years’ imprisonment in the penitentiary. From'th.e judgment based upon this verdict she appeals.
In considering this case we shall preter-mit a discussion of the numerous insistences of error predicated upon the rulings of the court upon the admission and rejection of testimony. Each of…
2Cases cited20 opinions
- O'Rear v. StateSupreme Court of Alabama · 1914
- Bluitt v. StateSupreme Court of Alabama · 1909
- Twitty v. StateSupreme Court of Alabama · 1910
- Montgomery v. StateSupreme Court of Alabama · 1909
- Mathis v. StateAlabama Court of Appeals · 1916
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3Cited by2 opinions
- Dykes v. StateAlabama Court of Appeals · 1948
- Potter v. StateCourt of Criminal Appeals of Alabama · 1970