Parker v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before the Hon. S. E. Greene. The defendant in this case, Scott Parker, was indicted for the murder of Simon Anderson, by shooting him with a gun; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of fifty years. Both the defendant and the deceased were freedmen.
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From the Criminal Court of Jefferson. Tried before the Hon. S. E. Greene. The defendant in this case, Scott Parker, was indicted for the murder of Simon Anderson, by shooting him with a gun; was convicted of murder in the second degree, and sentenced to the penitentiary for the term of fifty years. Both the defendant and the deceased were freedmen. The difficulty between them occurred in May, 1889, on the premises of the Coaldale Mining Company, in the presence of several persons, who testified, in substance, that when the parties met, being about ten or twelve feet apart, they began to curse…
1Opinion of the CourtSomerville, J.
The general rule has often been declared, that the accused, charged with homicide, must *7always be reasonably free from fault in having provoked or brought on the difficulty in which the killing was perpetrated; and if he was the aggressor, he can not be heard to urge, in his own justification, a necessity for the killing, which was produced by his own wrongful act. — Storey's Case, 71 Ala. 330.
This rule, however, is not of absolute and universal application. An exception to it exists in cases where, although the defendant originally provoked the conflict, “ he withdraws from it in good faith,…
2Cited by15 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Brewer v. StateSupreme Court of Alabama · 1909
- State v. ShockleyUtah Supreme Court · 1905
- Bostic v. StateSupreme Court of Alabama · 1891
- State v. . KennedySupreme Court of North Carolina · 1915
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