Davis v. State

Decided May 22, 1913

Alabama Court of Appeals · decided 1913-05-22

Heard before Hon. B. M. Miller. Clarence Davis ivas convicted of murder in tbe second degree, and be appeals. Tbe charge refused to the defendant is as follows: “If you believe from tbe evidence in this case that if defendant bad stood- still or retreated be would have suffered death or great bodily barm, tbe defendant bad tbe right to advance on tbe deceased and cut him.”

Cited by 1 later decisions — most recently May 1921

1 state decisions

Relies on Griffin v. State · Jackson v. State · Parker v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-05-22

View the full empirical analysis of this case →

WALKER, J.

¶1The statement of Mr. Rhodes, one of the persons summoned as a juror, that “he would convict on circumstantial evidence, but would not hang-on it,” showed that he did not possess one of the qualifications required of a juror in a capital case; and the court committed no error in excusing him and refusing to put his name on the list from which a jury for the trial of the case was to be selected. — Code, § 7278; Jackson v. State, 74 Ala. 26; Griffin v. State, 90 Ala. 596, 8 South. 670; Parker v. State, 7 Ala. App. 9, 60 South. 995.

¶2The written charge refused to the defendant was properly refused because of its failure to predicate the defendant’s freedom from fault in bringing on the difficulty. There was evidence tending to prove that he was not free from fault in this respect.

¶3No error is found in the record.

¶4Affirmed.