Powell v. State
Alabama Court of Appeals
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Will W. Powell was convicted of manslaughter, and appeals. Tbe following charges were refused to defendant: (1) “If any juror has a reasonable doubt whether tbe defendant acted in self-defense, you cannot find tbe defendant guilty.”
Read the full summary
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Will W. Powell was convicted of manslaughter, and appeals. Tbe following charges were refused to defendant: (1) “If any juror has a reasonable doubt whether tbe defendant acted in self-defense, you cannot find tbe defendant guilty.” (2) “Tbe court charges tbe jury that, if it reasonably appeared to tbe defendant at tbe time be fired tbe fatal shot that be Avas in danger of great bodily barm at tbe bands of tbe deceased, tbe defendant Avas justified in acting upon such reasonable appearances, although such danger may not…
1Opinion of the Court
PELHAM, J. —
The defendant Avas convicted of manslaughter. It Avas shoAvn by the evidence, without conflict, that the defendant and deceased Avere on the top of adjoining box cars of a freight train on the Southern Raihvay, Avhile going betAveen Pell City and Riverside, when the defendant shot and killed the deceased. The killing Avas in the nighttime, and the defendant Avas a special officer of the railroad company and on duty riding on the train for the purpose of guarding it from intruders and wrongdoers. The deceased Avas not a member of the train crew, and not shown to have been *79rightfully…
2Cases cited29 opinions
- Miller v. StateSupreme Court of Alabama · 1894
- Hubbard v. StateSupreme Court of Alabama · 1882
- McGhee v. StateSupreme Court of Alabama · 1912
- Ragsdale v. StateSupreme Court of Alabama · 1901
- Kennedy v. StateSupreme Court of Alabama · 1903
24 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Britton v. StateAlabama Court of Appeals · 1917
- Davis v. StateAlabama Court of Appeals · 1913
- Manson v. StateCourt of Criminal Appeals of Alabama · 1977
- Haney v. StateAlabama Court of Appeals · 1924
- Denton v. StateSupreme Court of Alabama · 1955
28 more not listed; retrieve them via the Exa API.