Carroll v. State
Alabama Court of Appeals
Murder. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. ' Tom Carroll was convicted of manslaughter in the first degree, and he appeals. The following is the charge given for the state: If defendant had a reasonable mode of escape without danger to himself, and could have avoided killing deceased by such mode, be was not justified in killing Floyd Roberts.
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Murder. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. ' Tom Carroll was convicted of manslaughter in the first degree, and he appeals. The following is the charge given for the state: If defendant had a reasonable mode of escape without danger to himself, and could have avoided killing deceased by such mode, be was not justified in killing Floyd Roberts. The only question involved is the charge given for the state which fixes a too high degree of duty upon defendant. — Holmes v. State, 100 Ala. 84; Cleveland v. State, 86 Ala. 9; Cook v. State, 5 Ala. App. 28;…
1Opinion of the CourtBrown, J.
There is no- pretense that the deceased assaulted any one except the defendant, and the situation of the sons of the defendant is not shown other than that they were in the vehicle in which the defendant was traveling; whether on the same seat with him or at some other place in the vehicle is not shown. If the defendant seeks justification on the ground that he struck in defense of his sons, the burden is upon him to show that they were in imminent peril from an assault by the deceased, and that self-defense was available to them—Surginer v. State, 134 Ala. 125, 32 South. 277; 5 Mayf. Dig.…
2Cases cited3 opinions
- Storey v. StateSupreme Court of Alabama · 1882
- Beasley v. StateSupreme Court of Alabama · 1913
- Cook v. StateAlabama Court of Appeals · 1912
3Cited by6 opinions
- Hill v. StateSupreme Court of Alabama · 1915
- Brewington v. StateAlabama Court of Appeals · 1923
- Newsom v. StateAlabama Court of Appeals · 1916
- Love v. StateAlabama Court of Appeals · 1919
- Grubbs v. StateSupreme Court of Alabama · 1925
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