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7 Ala. App. 52

Guffey v. State

Alabama Court of Appeals

Decided April 15, 1913

Alabama Court of Appeals · decided 1913-04-15

Murder. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. George R. Guffey was convicted of manslaughter, and appeals. On cross-examination of witness Rice he was asked: “Do you know Avhose pistol it was?” Having reference to the pistol handed witness by the sheriff, the witness having testified that he did not see it at the time of the difficulty; that it may have been two or three days af-terwards when he saw it.

Relies on Morris v. State

Affirmed · Decided 1913-04-15

WALKER, P. J.

¶1The court has examined each of the rulings, made on objections to evidence, to Avhich an exception Avas reserved, and does not discover a ground for reversal in- either of them. Neither of those exceptions is deemed by the court to present such'a question as calls for a statement of the grounds for the conclusions reached.

¶2There was evidence from which the jury might have found that the defendant killed the deceased in the absence of any necessity for him to do so in self-defense. Under this aspect of the evidence, the killing Avas unjustifiable, though the defendant was at fault in bringing *55on tbe difficulty and tbe defendant was free from fault in that regard.

¶3This consideration discloses a fault in charge Gr requested by tbe defendant. If tbe state proved that tbe defendant unnecessarily killed tbe deceased in resisting an assault committed by tbe latter, tbe further burden was not upon it of proving that tbe defendant Avas at fault in bringing on tbe difficulty.

¶4Tbe refusal to give charge I requested by tbe defendant may be justified because of its failure to set forth or define tbe constituent elements of self-defense. Morris v. State, 146 Ala. 66, 101, 41 South. 274.

¶5In justification of tbe court’s refusal to give other written charges requested by tbe defendant, it is not deemed necessary to say more than that some of them Avere abstract, some were covered by written charges given at bis instance, and each of tbe rest, Avhich dealt with tbe question of self-defense, omitted mention of some essential ingredient of that defense.

¶6No error is found in tbe record.

¶7Affirmed.

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