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63 Ala. 169

McNeezer v. State

Supreme Court of Alabama

Decided December 15, 1879

Supreme Court of Alabama · decided 1879-12-15

From the Circuit Court of Russell. Tried before the Hon. Wi. S. Mudd. The indictment in this case charged the defendant, Marion McNeezer, with the murder of Charles Yo.ung, by cutting him with a knife; and on the trial, issue being joined on the plea of not guilty, he was convicted of manslaughter in the first degree, and sentenced to imprisonment in the penitentary for the term of ten years.

Cited by 2 later decisions — most recently December 1885

2 state decisions

Relies on Eiland v. State · McManus v. State · Lewis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1879-12-15

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STONE, J.

¶1We find no error in this record. It was shown that the prisoner’s confessions were voluntarily made, and that neither threats nor promises, were made to him, to induce him to confess. The case is brought strictly within the rule. — 1 Brick. Dig. 509, §§ 859, 864, 868. The charges given were strictly in accordance with the well-settled rules -of law. — T Bish. Or. Law, 6th ed., sections 869, 870; McManus v. The State, 36 Ala. 285; Cates v. The State, 50 Ala. 166; Lewis v. The State, 51 Ala. 1; Eiland v. The State, 52 Ala. 322; Evans v. The State, 44 Miss. 762; Hill’s case, 4 Dev. & Bat. 491. In Vaiden v. Com., 12 Grat. 717-730, the court said, “A man shall not, in any case, justify the killing of another by a pretense of necessity, unless he were without fault in bringing that necessity upon himself."

¶2The record contains no testimony tending in the slightest degree to show that the deceased was about to attack the ac*173cused with a knife. They were engaged in a conflict, which appears to have been mutually entered upon. For the error above, if for no other, the charge was rightly refused. 1 Brick. Dig. 338, § 41. '

¶3The judgment of the court below is affirmed.

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