Garrett v. State
Decision Date | 01 February 1893 |
Citation | 97 Ala. 18,14 So. 327 |
Parties | GARRETT v. STATE. |
Court | Alabama Supreme Court |
Appeal from circuit court, Clay county; Leroy F. Box, Judge.
Henry Garrett was indicted for the murder of Montgomery Sims convicted of manslaughter in the first degree, and sentenced to five years' imprisonment in the penitentiary, and appeals. Reversed.
The state introduced testimony tending to show that there was a dispute between deceased and defendant about the settlement of a suit by Sims & Burke, in which firm deceased was a partner, against the defendant, in which a writ of garnishment had issued; and, in a conversation with Burke the latter abated some of the costs of the suit, when defendant said, "You are that much more of a d-n gentleman than I thought you were." This conversation was near the door of the shop of Sims & Burke, and the deceased was then working inside the shop. Defendant left the shop, and Sims, the deceased, followed after him with a shop hammer in his hand, (the hammer was offered in evidence,) and walked up to defendant, changed the hammer from his right to his left hand, and, placing his right hand on defendant's shoulder, pushed him, and said, "You go off from here and let me alone," to which defendant replied, "God d-n you, do you mean to run me off?" and said that he would not be run off. During this time, defendant had a knife in his hand, and, after Sims pushed defendant, they "hugged up," and commenced fighting, defendant warding off blows from the hammer, about which time deceased said, "Take him away, or I will have to kill him," and defendant cut deceased in the side. Sims died 35 days after the difficulty from blood poison caused by the wound as testified by physicians, one of whom stated that he could not testify that the wound alone caused his death. There was evidence that defendant and deceased were friendly up to the time of the difficulty, and that defendant had been drinking "Beg's bitters" on the day of the killing. There was evidence tending to show that defendant had been whittling before he went to the shop, and his knife was shut up while at the shop of deceased; also, that Sims struck the first blow. At the request of the solicitor, the court gave the following charges, to which defendant excepted: (1) The defendant asked the court to give the following charges, and excepted to the refusal of the court to give each of them: ...
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Kreutner v. State
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...the form of instruction before us are not regarded as authoritative, and many of them have been expressly overruled. Garrett v. State, 97 Ala. 18, 14 So. 327; Webb v. State, 106 Ala. 52, 18 So. To the same effect are Montgomery v. State, 160 Ala. 7, 49 So. 902 (1909); Moss v. State, 190 Ala......
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