Smith v. State

Decided May 29, 1917

Alabama Court of Appeals · decided 1917-05-29

1. Homicide <&wkey;300(13) — Self-Defense—Instructions. In a prosecution for murder, charges omitting freedom from fault in bringing on the difficulty were objectionable. [Ed. Note. — For other casos, see Homicide, Cent. Dig. § 628.] . - 2. Criminal Law &wkey;789(2) — Instruction. A charge failing to state of what the jury should be iu doubt was bad. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 1906-1908.] 3. Homicide <&wkey;35 — Manslaughter — Malice. Defendant could be guilty of manslaughter without having entertained malice in the killing. [Ed. Note. — For other cases, see Homicide, Cent. Dig. § 56.]

Affirmed · Decided 1917-05-29

SAMFORD, J.

¶1 [1] Charges 1, 2, 3, 5, 6, 7, 10, 11, A2, and A3 are all objectionable for the reason, among others, that they omit freedom from fault in bringing on the difficulty.

¶2 [2] Charge 4 is bad because it fails to say of what the jury should be in doubt.

¶3 [3] Charges 8 and 9 are bad because the state might fail to prove malice and still the defendant would be guilty of •manslaughter.

¶4 There is no error in the record, and the judgment is affirmed.

¶5 Affirmed.