Bluitt v. State

• Citation: 49 So. 854,161 Ala. 14
• Parties: BLUITT v. STATE.
• Decision Date: 24 May 1909
• Court: Alabama Supreme Court

49 So. 854

161 Ala. 14

BLUITT v. STATE.

Supreme Court of Alabama

May 24, 1909

Appeal from Law and Equity Court, Walker County; T. L. Sowell Judge.

Rich Bluitt was convicted of manslaughter, and he appeals. Reversed and remanded.

For opinion on former appeal, see 151 Ala. 41, 44 So. 84.

The following charges were refused to the defendant: "(4) I charge you, gentlemen of the jury, that you cannot convict the defendant unless you believe from the evidence that the defendant shot the deceased unlawfully and with malice. (5) I charge you that if you believe from the evidence that defendant did not bring on the difficulty, and had no reasonable way of escape, and he shot deceased under circumstances which would lead a reasonable man to believe that it was necessary for defendant to shoot in order to save his own life, or to save himself from great bodily harm, then you cannot convict the defendant. (6) I charge you that you cannot convict the defendant unless you believe that he shot the deceased unlawfully; and if you believe from the evidence that the defendant did not bring on the difficulty, that he could not have retreated without increasing his danger, and that he shot the deceased under circumstances which would lead a reasonable man to believe, and did lead the defendant to believe, that it was necessary to shoot in order to save his life, or to save himself from serious bodily harm, then he did not shoot the deceased unlawfully. (7) I charge you that if you believe from the evidence that defendant did not bring on the difficulty with Davenport, that he could not have retreated without increasing his danger, and that he shot under circumstances which would lead a reasonable man to believe, and did lead the defendant to believe, that it was necessary to shoot in order to save his own life, or to save himself from serious bodily harm, then it is immaterial whether Davenport had a pistol or not, and you should find the defendant not guilty. (8) I charge you that if defendant did not bring on the difficulty, and could not have retreated without increasing his danger, and the circumstances were such as to lead a reasonable man to believe, and did lead the defendant to believe, that it was necessary to shoot in order to save himself from serious bodily harm, or to save his own life, then the defendant had a right to shoot, whether the deceased in fact had a pistol or not, and you should not convict him." "(13) It is not necessary, under the...