Mathews v. State

Decided November 15, 1902

Supreme Court of Alabama · decided 1902-11-15

Tried before the. IIon. N. I). Denson. The appellant in this case, Ham Mathews, was indicted, tried and convicted for murder in the second degree for killing Link Dallas, and sentenced to fifteen years imprisonment in the penitentiary. On the trial of the case it was shown that the defendant killed Link Dallas on the last Sunday in March, 1902, by shooting him with a gun.

Relies on Miller v. State · Gilmore v. State · Wilkins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-15

How this case has been cited

Cited by 6 later decisions — most recently December 1944

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DOWDELL, J.

¶1There was no error in overruling the defendant’s objection to the testimony of the witness Frank McGee as to statements made by the defen*50dant shortly after the. homicide. It was made clearly to appear that no threats or promises were made to induce the statement.

¶2Written charge 1 is conceded by appellant’s counsel to he incomplete and defective.

¶3Charge 2 pretermits the element of the honest belief of ¡the defendant in the imminency of the peril, and for this reason if no other was bad.

¶4Charge 3 pretermits one or more of the constituents elements of self-defense and was, therefore, properly refused. Similar charges have, often been condemned by this court. — Gilmore v. State, 126 Ala. 20; Miller v. State, 107 Ala. 45; Wilkins v. State, 98 Ala. 6, and authorities cited in these cases.

¶5There is no error in the record, and the judgment will be'affirmed.