Bynum v. State
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Tom Bynum was convicted of manslaughter, and he appeals. Under the evidence in this case defendant was entitled to have the jury instructed as requested by it in refused charges 2, 5, 6 and 7. — McGee v. State, 58 South. 1010; Walls v. State, 90 Ala. 618.
1Opinion of the CourtThomas, J.
— If defendant was intentionally pointing the gun at deceased, and while doing so it was unintentionally fired, resulting in the death of deceased, defendant would be guilty of at least involuntary manslaughter because, though intending no harm to deceased, he was yet engaged in an unlawful act when pointing a gun at her, and the law holds him criminally responsible for the consequences of such an act. — Johnson v. State, 94 Ala. 41, 10 South. 667; Sanders v. State, 105 Ala. 4, 16 South. 935., We are of opinion, however, that there is no evidence in the record tending to support such a theory…
2Cases cited5 opinions
- Johnson v. StateSupreme Court of Alabama · 1891
- Fitzgerald v. StateSupreme Court of Alabama · 1895
- McGee v. StateAlabama Court of Appeals · 1912
- Medley v. StateSupreme Court of Alabama · 1908
- Sanders v. StateSupreme Court of Alabama · 1894
3Cited by7 opinions
- Reynolds v. StateCourt of Criminal Appeals of Alabama · 1977
- Bailum v. StateAlabama Court of Appeals · 1921
- Campbell v. StateAlabama Court of Appeals · 1915
- Matkins v. StateCourt of Criminal Appeals of Alabama · 1985
- Dixie Fertilizer Co. v. TeasleyAlabama Court of Appeals · 1915
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