Cole v. State

PRICE, Judge.

Thomas Cole stands convicted of murder in the second degree with a fifteen year penitentiary sentence.

Appellant admittedly shot and killed one James C. Jackson in Florence, Alabama. *467The killing took place in a cafe owned and operated by Julius Cole, a first cousin of appellant. At the time of the shooting, appellant was employed in the cafe and, as Julius Cole was not present, appellant was apparently- acting in a managerial capacity.

The crucial question of this appeal involves the doctrine of self-defense and more specifically the question of retreat. Although there is a great…