Legal Opinion

Kuykendall v. Edmondson

Supreme Court of Alabama

Decided November 15, 1917No. 8 Div. 38PublishedCited by 8 opinions

Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. .Action by Mary M. Edmondson against C. Kuykendall. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charges were refused to the defendant: (4) The fact that the defendant did not retreat was not a fighting willfully, wantonly, and intentionally.

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Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. .Action by Mary M. Edmondson against C. Kuykendall. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charges were refused to the defendant: (4) The fact that the defendant did not retreat was not a fighting willfully, wantonly, and intentionally. (5) The fact, if it be a fact, that the defendant did not retreat from the edge of the porch behind the corner of the room, cannot be looked to as a circumstance tending’ to contradict the defendant’s evidence that he shot in self-defense.…

1Opinion of the CourtMeCLELLAN, J.

On July 20, 1915, Kuykendall killed plaintiff’s (appellee’s) intestate, Edmondson, by shooting him with a shotgun. The action is for damages under the homicide statute (Code, § 2486). The defendant (appellant) sought to justify himself by recourse to the doctrine of self-defense. These men had entertained for each other a strong hostility during a long period next preceding the tragedy. Their difference arose over a dispute with reference to a line dividing their farms. They had either fought or threatened to- fight on several occasions; and direful threats, each toward the other, are…

2Cases cited13 opinions

  1. South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
  2. Councill v. MayhewSupreme Court of Alabama · 1911
  3. Rollings v. StateSupreme Court of Alabama · 1909
  4. Watkins v. StateSupreme Court of Alabama · 1889
  5. Walker v. Walker'sSupreme Court of Alabama · 1859

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Kuykendall v. EdmondsonSupreme Court of Alabama · 1921
  2. Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
  3. Hutchens v. StateSupreme Court of Alabama · 1922
  4. Terry v. StateSupreme Court of Alabama · 1919
  5. Harris v. WrightSupreme Court of Alabama · 1932

3 more not listed; retrieve them via the Exa API.

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