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91 Ala. 106

Cotten v. State

Supreme Court of Alabama

Decided November 15, 1890

Supreme Court of Alabama · decided 1890-11-15

From the Criminal Court of Jefferson. Tried before the ITon. Sam. E. Greene. The defendant in this case, Emma Cotten, was indicted for the murder ot Henry Harris, “by stabbing or cutting him with a knife; ” was convicted of murder in the first degree, and sentenced to the penitentiary for life.

Cited by 3 later decisions — most recently March 1928

3 state decisions

Relies on Kirby v. State · Blackburn v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-15

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WALKER, J.

¶1The only exception shown to have been reserved on the trial was to the refusal of the court to give the charge in writing' requested by the defendant. There was evidence tending to show that the defendant came into the room where the deceased was, said something to the deceased, and then struck him two blows, in one of which a knife was used to inflict the fatal wound. The charge requested is plainly faulty, in that it ignores the question of defendant’s freedom from fault in bringing on the difficulity, or in putting herself in the position of peril.—Kirby v. The State, 89 Ala. 63; Blackburn v. The State, 86 Ala. 595. JNo error is discovered in the record.

¶2Affirmed.

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