Adams v. State

Alabama Court of Appeals

Adams v. State

75 So. 641, 16 Ala. App. 93, 1917 Ala. App. LEXIS 158

CourtAlabama Court of Appeals

DecidedMay 15, 1917

Docket6 Div. 293.

StatusPublished

Cited by4 cases

This text of 75 So. 641 (Adams v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. State, 75 So. 641, 16 Ala. App. 93, 1917 Ala. App. LEXIS 158 (Ala. Ct. App. 1917).

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Opinion

BROWN, P. J.

The ruling of the court on the admission of the evidence was free from error.

[1-3] While, “for the purpose of self-defense which stops short of killing or attempting to kill, there is no duty to retreat” (Beyer v. B. R. L. & P. Co., 186 Ala. 56, 64 South. 609; Blankenship v. State, 11 Ala. App. 125, 65 South. 860), it was the right of the solicitor on cross-examination to inquire as to the conduct of the defendant on the occasion of the assault, and the fact that the defendant made no effort to avoid the difficulty by leaving the place of the difficulty was pertinent to the question as to whether he entered the fight willingly, which, if shown, would cut off the right of the defendant to plead self-defense. Howell v. State, 79 Ala. 283; McWilliams v. State, 12 Ala. App. 92, 67 South. 735.

[4] That part of the oral charge of the court instructing the jury that in considering the testimony of the defendant they “must look to the fact that he is the defendant,” etc., was invasive of the province of the jury, and must work a reversal of the judgment of conviction. Tucker v. State, 167 Ala. 1, 52 South. 464; Roberson v. State, 175 Ala. 15, 57 South. 829; Swain v. State, 8 Ala. App. 26, 62 South. 446.

We find no other error in the record; but, for the error pointed out, the judgment is reversed, and the cause remanded.

Reversed' and remanded.

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BROWN, P. J.

The ruling of the court on the admission of the evidence was free from error.

[1-3] While, “for the purpose of self-defense which stops short of killing or attempting to kill, there is no duty to retreat” (Beyer v. B. R. L. & P. Co., 186 Ala. 56, 64 South. 609; Blankenship v. State, 11 Ala. App. 125, 65 South. 860), it was the right of the solicitor on cross-examination to inquire as to the conduct of the defendant on the occasion of the assault, and the fact that the defendant made no effort to avoid the difficulty by leaving the place of the difficulty was pertinent to the question as to whether he entered the fight willingly, which, if shown, would cut off the right of the defendant to plead self-defense. Howell v. State, 79 Ala. 283; McWilliams v. State, 12 Ala. App. 92, 67 South. 735.

[4] That part of the oral charge of the court instructing the jury that in considering the testimony of the defendant they “must look to the fact that he is the defendant,” etc., was invasive of the province of the jury, and must work a reversal of the judgment of conviction. Tucker v. State, 167 Ala. 1, 52 South. 464; Roberson v. State, 175 Ala. 15, 57 South. 829; Swain v. State, 8 Ala. App. 26, 62 South. 446.

We find no other error in the record; but, for the error pointed out, the judgment is reversed, and the cause remanded.

Reversed' and remanded.

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75 So. 641, 16 Ala. App. 93, 1917 Ala. App. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-alactapp-1917.

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