Tyus v. State
Alabama Court of Appeals
Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Randolph Tyus was convicted of murder and he appeals.
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Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Randolph Tyus was convicted of murder and he appeals. Evidence as to confessions are not admissible before the proof of the corpus delicti. — Calvert v. State, 51 South. 311. The court misplaced the burden of proof in requiring that defendant should prove that he was not the aggressor after defendant had shown necessity to take life, and that he could not retreat without increasing his peril. — McBride v. State, 156 Ala. 44; Blewétt v. State, 151 Ala. 41; Lewis v. State, 120 Ala. 340; Wilkins v. State, 98 Ala. 1. The charge…
1Opinion of the CourtPelham, J.
The transcript contains no charges given at the request of the defendant, but set out in the bill of exceptions signed by the trial judge are several refused charges. Counsel for defendant in brief refers to but one of these charges, and insists that its refusal constitutes reversible error. The charge pointed out is numbered 16, and is in the following lan'guage: “It is not necessary, under the evidence in this case, that the defendant should have been actually in danger of death or great bodily harm at the time he killed Bates, or that retreat would have really increased his peril, in order…
2Cases cited7 opinions
- Bluett v. StateSupreme Court of Alabama · 1907
- Bluitt v. StateSupreme Court of Alabama · 1909
- Black v. StateAlabama Court of Appeals · 1912
- Bone v. StateAlabama Court of Appeals · 1913
- Langston v. StateAlabama Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Teel v. StateAlabama Court of Appeals · 1922
- Thomas v. StateAlabama Court of Appeals · 1922
- Minor v. StateAlabama Court of Appeals · 1918
- McClusky v. StateSupreme Court of Alabama · 1923
- Kirkley v. StateAlabama Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.