Caldwell v. State
| Decision Date | 20 May 1909 |
| Citation | 160 Ala. 96,49 So. 679 |
| Parties | CALDWELL v. STATE. |
| Court | Alabama Supreme Court |
Appeal from City Court of Bessemer; William Jackson, Judge.
A. Jack Caldwell was convicted of assault and battery with a weapon and he appeals. Reversed and remanded.
The following charges were refused to the defendant: (5) "If the defendant cut Parsons under a bona fide belief that he was in impending danger to life or limb, and that he had under all the circumstances reasonable cause to believe that he was in imminent danger at the time the cutting was done it would be immaterial whether there was such danger or not." (15) "The court charges the jury that proof of good character alone, when taken in connection with the other evidence in the case, may be sufficient ground upon which to base a reasonable doubt of the defendant's guilt, and justify his discharge."
The following charge was given at the instance of the state: (2) "The court charges the jury that the essential elements of self-defense are: First, the defendant must be free from fault, must not do or say anything for the purpose of provoking difficulty, nor be unmindful of the consequences in this respect of any wrongful word or act; second, there must be a present, impending peril to life, or danger of great bodily harm, either real or so apparent as to create the bona fide belief of an existing necessity; and, third, there must be no convenient or reasonable mode of escape by retreat or by declining the combat."
Estes Jones & Welch, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
The conviction was of an assault and battery with a weapon. The court erred in disallowing proof, offered by defendant, that the victim of the assault was proceeding against defendant civilly for damages suffered in consequence of it. This testimony was admissible for consideration by the jury in mitigation of fine, if such was to be assessed in this prosecution. State v. Autery, 1 Stew. (Ala.) 399; Phillips v. Kelly, 29 Ala. 628, 634, 635.
The court erred in permitting the solicitor to examine the defendant in respect of difficulties he had previously had with named persons. These questions would have been permissible, if addressed to those of defendant's witnesses, who had testified to defendant's reputation for peace and quiet, but not so when propounded to defendant. Andrews v. State (Ala.) 48 So. 858.
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Anderson v. State
... ... transactions and offenses, separate, and distinct, is ... prohibited by the constitutional inhibition." ... See ... Smith v. State, 79 Ala. 21; Burger v ... State, 83 Ala. 36, 3 So. 319; Rains v. State, ... 88 Ala. 91, 7 So. 315; Caldwell v. State, 160 Ala ... 96, 49 So. 679; Walker v. State, 205 Ala. 197, 200, ... 87 So. 833 ... Of the ... alleged improper questions propounded on cross-examination to ... Mrs. Anderson, Mr. Roper, and Mrs. Killingsworth, concerning ... defendant's indictment or commission of ... ...
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Brown v. State, 6 Div. 238
... ... following refused charges have been held to be good. Neither ... of them was covered by either the oral or written charges ... Each has application to the issues presented in the case. It ... is our conclusion that we must base error on their refusal ... Number 11, Caldwell v. State, 160 Ala. 96, 49 So ... 679; Glass v. State, 201 Ala. 441, 78 So. 819 ... Number A-6, Mizell v. State, 184 Ala. 16, 63 So ... [33 ... Ala.App. 106] Some of the rulings of the lower court indicate ... that he was under the impression that it is necessary to ... ...
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Cox v. State
...whether there was such danger or not. Gray v. State, 171 Ala. 37, 55 So. 124; Hubbard v. State, 172 Ala. 374, 55 So. 615; Caldwell v. State, 160 Ala. 96, 49 So. 679; Twitty v. State, 168 Ala. 59, 53 So. 308; Fantroy v. State, 166 Ala. 27, 51 So. 931; Kennedy v. State, 140 Ala. 1, 37 So. 90.......
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Alabama Power Co. v. Goodwin
... ... Jur. 982, col. 2 ... Counsel ... call attention to the supposedly inconsistent doctrine laid ... down by this court in State v. Autery, 1 Stew. 399, ... followed in Caldwell v. State, 160 Ala. 96, 49 So ... 679, that in a criminal prosecution for assault and battery ... ...