Public-domain · open source
OpenJurist

112 Ala. 49

Davenport v. State

Supreme Court of Alabama

Decided November 15, 1895

Supreme Court of Alabama · decided 1895-11-15

Tried before the Hon. N. D. Denson. The appellant was tried and convicted under an indictment charging that he “had presented a pistol at Hubbard Glasscock, against the peace and dignity of the State of Alabama.” This indictment was found under the provisions of ‘ ‘An act to protect human life, ’ ’ which is as follows: “Section 1.

Cited by 3 later decisions — most recently November 1933

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1895-11-15

View the full empirical analysis of this case →

HEAD, J.

¶1— The act, “To protect human life” (Acts 1888-89, p. 67), is a constitutional enactment. The prevention of the dangerous practice of presenting guns and pistols at others, would certainly tend largely to protect human life. There is, therefore, no want of that clearness of expression of the subject of the act, in the title, which the statute requires.

¶2We think it was not the intention of the legislature to render criminal the presenting of a gun or pistol at another, when, under the circumstances, the act was *52justified by tlie general law of self-defense; but, in this case, the whole evidence shows, without conflict, that the defendant was at fault in bringing on the altercation which resulted in the presentation of the pistol. On the-whole case there was no manner of self-defense shown, or facts from which it could be inferred. We do not consider whether either of the charges requested by the defendant was abstractly correct or not.

¶3Affirmed.

/112/ala/49 · .json · Public domain