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AMICUS AI
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Docket Number
Attorney(S)
  • Almon Almon, of Decatur, for petitioner. Charge 5 states a correct proposition of law, and, not being covered by the oral charge or other special charges, its refusal was error. Williams v. State, 16 Ala. App. 396, 78 So. 312; Gibson v. State, 8 Ala. App. 56, 62 So. 895; Bluett v. State, 151 Ala. 41, 44 So. 84; Bluitt v. State, 161 Ala. 14, 49 So. 854; Holmes v. State, 100 Ala. 80, 14 So. 864; Deal v. State, 136 Ala. 52, 34 So. 23; Tyus v. State, 10 Ala. App. 10, 64 So. 516; O'Rear v. State, 188 Ala. 71, 66 So. 81; Minor v. State, 16 Ala. App. 401, 78 So. 317; Richardson v. State, 191 Ala. 21, 68 So. 57; Glass v. State, 201 Ala. 441, 78 So. 819; Ex parte State ex rel. Attorney General, 207 Ala. 349, 92 So. 606. Charge 6 was correct, and its refusal was error. Gaston v. State, 161 Ala. 37, 49 So. 876. Charge 9 was correct, and its refusal error. Diamond v. State, 22 Ala. App. 410, 116 So. 312, 313; Chaney v. State, 178 Ala. 44, 59 So. 604. Thos. E. Knight, Jr., Atty. Gen., for the State. Brief did not reach the Reporter.
Judges
  • BROWN, J.
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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Almon Almon, of Decatur, for petitioner. Charge 5 states a correct proposition of law, and, not being covered by the oral charge or other special charges, its refusal was error. Williams v. State, 16 Ala. App. 396, 78 So. 312; Gibson v. State, 8 Ala. App. 56, 62 So. 895; Bluett v. State, 151 Ala. 41, 44 So. 84; Bluitt v. State, 161 Ala. 14, 49 So. 854; Holmes v. State, 100 Ala. 80, 14 So. 864; Deal v. State, 136 Ala. 52, 34 So. 23; Tyus v. State, 10 Ala. App. 10, 64 So. 516; O'Rear v. State, 188 Ala. 71, 66 So. 81; Minor v. State, 16 Ala. App. 401, 78 So. 317; Richardson v. State, 191 Ala. 21, 68 So. 57; Glass v. State, 201 Ala. 441, 78 So. 819; Ex parte State ex rel. Attorney General, 207 Ala. 349, 92 So. 606. Charge 6 was correct, and its refusal was error. Gaston v. State, 161 Ala. 37, 49 So. 876. Charge 9 was correct, and its refusal error. Diamond v. State, 22 Ala. App. 410, 116 So. 312, 313; Chaney v. State, 178 Ala. 44, 59 So. 604. Thos. E. Knight, Jr., Atty. Gen., for the State. Brief did not reach the Reporter.
Judges
  • BROWN, J.
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Smart Summary

Ex parte OWEN.

BROWN, J.

Refused charge 3 in Hudson v. State, 217 Ala. 479, 116 So. 800, identical with charge 5 in this case, was condemned because it justified the defendant in shooting the deceased, though he was not free from fault in bringing on the difficulty.

Charges 6 and 9 pretermit defendant's duty to retreat. In Chaney's Case, 178 Ala. 44, 59 So. 604, under the undisputed evidence in that case, the killing was in defendant's place of business and he was under no duty to retreat.

This disposes of the questions presented, and the writ of certiorari will be denied.

Writ denied.

ANDERSON, C. J., and THOMAS and FOSTER, JJ., concur.

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EX PARTE OWEN
(Oct 15, 1931)