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133 Ala. 78

Richardson v. State

Supreme Court of Alabama

Decided November 15, 1901

Supreme Court of Alabama · decided 1901-11-15

Tried before the Hon. A. A. Evans. The -appellant, Ulus Richardson, was indicted and tried for the murder of Henry Saint George by shooting him with a gun, was convicted of murdetr in the second degree and -sentenced to the penitentiary for twenty-five years.

Cited by 1 later decisions — most recently June 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1901-11-15

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SHARPE, J.

¶1Evidence that on the Monday before the killing defendant threatened to kill the deceased, was admissible as tending to show that defendant bore malice towards the deceased and was actuated by malice in shooting him.

¶2Whether in shooting the deceased defendant was acting justifiably in self-defense, was under the'whole ev*81idence a question for the jury depending in pant- on whether he was impelled to shoot by a belief, reasonably engendered by the circumstances, that it was necessary to do so in order to save himself from *a then impending danger of great bodily harm. This inquiry was improperly ignored by the first charge refused to defendant.

¶3The evidence was such as to require the question cf whether defendant was guilty of murder to be submitted to the jury, and, therefore, charges 2' and 3 were properly refused.

¶4Other than these, the hill of exceptions presents no question for review, and no error is found in the record proper.

¶5Judgment affirmed.

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