Hutcherson v. State
Supreme Court of Alabama
Murder. Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Cora Hutcherson was convicted of murder in the second degree, and appealed. The oral charge of the court, excepted to, is as follows : “The defendant sets up self-defense in this case, and before she can avail herself to it she must reasonably satisfy you that her life was in danger, either real or apparent, and that she had no safe mode of escape.”
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Murder. Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Cora Hutcherson was convicted of murder in the second degree, and appealed. The oral charge of the court, excepted to, is as follows : “The defendant sets up self-defense in this case, and before she can avail herself to it she must reasonably satisfy you that her life was in danger, either real or apparent, and that she had no safe mode of escape.” Charge 1, referred to, is as follows: “I charge.that, when the wife is living with the husband in his house, his home is her home, and the law imposed no duty upon her…
1Opinion of the CourtMcGLELLAN, J.
— The defendant was adjudged guilty of murder (second degree) of her husband; the tragedy taking place within their common abode. The justification set up was self-defense. There was evidence tending to support this defense.
In argument to the jury, the representative of the state said: “Gentlemen of the jury, why didn’t the defendant bring Dr. Mason here, and show you by him that he was doctoring her?” Seasonable objection and motion to exclude this statement were overruled. It appears that the defendant testified to Dr. Mason’s professional attendance upon her, and that she was sick at the…
2Cases cited3 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Bates v. MorrisSupreme Court of Alabama · 1893
- Brock v. StateSupreme Court of Alabama · 1898
3Cited by17 opinions
- United States v. Bennie L. PetersonCourt of Appeals for the D.C. Circuit · 1973
- Jarrell v. StateSupreme Court of Alabama · 1948
- Forman v. StateSupreme Court of Alabama · 1914
- State v. GranthamSupreme Court of South Carolina · 1953
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
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