Fantroy v. State
| Decision Date | 26 February 1910 |
| Citation | 166 Ala. 27,51 So. 931 |
| Parties | FANTROY v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Barbour County; A. A. Evans, Judge.
Balkom Fantroy was convicted of assault and battery, and he appeals. Reversed.
The charge referred to is as follows: "The court charges the jury, if the defendant shot under the bona fide belief that his life was in danger, and he had under all the circumstances reasonable cause to believe he was in imminent danger, it would be immaterial whether there was such actual danger or not."
Robert J. Lowe and C. S. McDowell, Jr., for appellant.
Alexander M. Garber, Atty. Gen., for the State.
The appellant was indicted for assault with intent to murder, and was convicted of assault and battery.
The only question raised in the record is as to the correctness of the action of the court in refusing to give the charge requested in writing by the defendant. The charge requested in writing by the defendant, and refused by the court, is an exact copy of a charge which has been held to be good by this court. Kennedy v. State, 140 Ala. 1, 6, 8, 37 So. 90. The court erred in refusing to give said charge.
The judgment of the court is reversed, and the cause remanded.
Reversed and remanded.
EVANS, J., not sitting.
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