Pollard v. State
Alabama Court of Appeals
Murder. Appeal from Hale Law and Equity Court. ' Heard before Hon. Charles E.. Waller. (On June 30th, this cause ivas reversed and remanded by the Court of Appeals, in response to a holding by the Supreme Court that charge 17 should have been given. See Ex parte. Pollard, In Re Pollard v. State, in MSS. Reporter.) Ben Pollard was convicted of manslaughter and he appeals.
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Murder. Appeal from Hale Law and Equity Court. ' Heard before Hon. Charles E.. Waller. (On June 30th, this cause ivas reversed and remanded by the Court of Appeals, in response to a holding by the Supreme Court that charge 17 should have been given. See Ex parte. Pollard, In Re Pollard v. State, in MSS. Reporter.) Ben Pollard was convicted of manslaughter and he appeals. The following charges mentioned in the opinion were refused to defendant: “(5) If you believe that defendant was in imminent, danger of death or great bodily harm, at the time he shot Payne, or, if not actually in such…
1Opinion of the CourtPelham, P. J.
Many of the principal questions presented by the record in this case are on rulings of the trial court involving a consideration of whether the defendant was shown without conflict in the evidence to have been free from fault in provoking or bringing on the difficulty. It is impressively urged by counsel in behalf of the defendant in brief filed that the record presents a case where the evidence is without conflict in showing that the defendant was free from fault. The fatal encounter took place in the office of the defendant at Newbeme, Ala., and if we should limit ourselves in considering…
2Cases cited19 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Jordan v. StateSupreme Court of Alabama · 1886
- Johnson v. StateSupreme Court of Alabama · 1893
- Dupree v. StateSupreme Court of Alabama · 1859
- Franklin v. StateSupreme Court of Alabama · 1856
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. HenrySupreme Court of Louisiana · 1940
- Swindle v. StateAlabama Court of Appeals · 1937
- Jarrell v. StateAlabama Court of Appeals · 1949
- Howard v. StateSupreme Court of Alabama · 1961
- Lehr v. StateCourt of Criminal Appeals of Alabama · 1981
5 more not listed; retrieve them via the Exa API.