Gibson v. State
| Decision Date | 14 June 1900 |
| Citation | 28 So. 673,126 Ala. 59 |
| Parties | GIBSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Cleburne county court; T. J. Burton, Judge.
Bud Gibson was convicted of manslaughter, and he appeals. Affirmed.
The evidence introduced upon the trial was without material conflict, and tended to show the following facts: Monroe Simmons went to the home of Bud Gibson on the 23d of December, 1899, and at the door called for his wife, who was sitting on the inside by the fire. She refused to go to him and after her refusal to go the deceased became talkative and was ordered away from the house by both Lizzie Gibson and Bud Gibson, but he refused to leave. The wife of the deceased also told him, in the presence of defendant, her brother that he (the deceased) had beaten her a few days before with a bed slat, and had also said that he wanted to get one lick at the defendant. The defendant's mother, Lizzie Gibson went to the door, and repeatedly demanded the deceased to leave, and, after his refusal to go down off of the steps the defendant told his mother to knock the deceased away, to which the deceased replied, "You would better do it;" and defendant, getting up out of his chair, said to deceased, "I can do it," and walked towards the door with an ax handle in his hand, which he gave to his mother upon being requested to do so by her. The defendant's mother then pushed the deceased off of the steps to the ground, and then deceased pulled his knife, and opened it, and began to advance upon the defendant. The defendant took his gun from the rack above the door, and told the deceased not to come on him with that knife, and while the deceased was advancing on the defendant the defendant shot him in the side. The deceased went around the house, and the defendant fired another shot out of the other door. There was evidence of a previous difficulty at the defendant's house about a week before this shooting, and the defendant then and there ordered the deceased not to come back to his house drinking and cursing. There was also evidence that the deceased had made threats to whip the defendant, which threats had been communicated to the defendant before the shooting. There was evidence that the deceased was drinking at the time of the difficulty. The defendant was shown by the evidence to have a good character for peace and quietude. It was further shown by the evidence that after Monroe Simmons was shot by the defendant he was carried to a house a short distance from the place where the shooting occurred. One Ivey, a witness for the state, testified that upon going to the house where Monroe Simmons was carried, after he was shot, he found him lying on the floor; that he seemed to be suffering, and prayed for a long time; that he turned to him, and said that "he was going to die, and wanted to tell" who shot him. Upon this witness being asked who deceased said shot him, the defendant objected to the question upon the ground that it called for a dying declaration, and no sufficient predicate had been laid. The court overruled the objection, and the defendant duly excepted. The witness answered that Simmons said to him that Bud Gibson shot him. During the examination of one Robert Chandler as a witness for the estate, he stated that he saw the deceased, Monroe Simmons, in the house where he was killed, after he was shot, and that in...
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Brown v. State, 6 Div. 238
... ... We entertain the view that ... when, as in this case, the question of whether or not the ... [31 So.2d 677] ... was free from fault in bringing on the difficulty becomes a ... jury inquiry, the charge is properly denied. We have abundant ... authoritative support for this opinion. Gibson v ... State, 126 Ala. 59, 28 So. 673; Gaston v ... State, 161 Ala. 37, 49 So. 876; Forman v ... State, 190 Ala. 22, 67 So. 583; Fowler v ... State, 236 Ala. 87, 181 So. 266; Smith v ... State, 243 Ala. 254, 11 So.2d 471. We will not laden ... this opinion by citing the great ... ...
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Rogers v. State
...31 Ala.App. 423, 18 So.2d 412, and in the case at bar, Charge 22 in Shikles and Charge 36 here are correctly refused. See: Gibson v. State, 126 Ala. 59, 28 So. 673; Gaston v. State, 161 Ala. 37, 49 So. 876; Cheney v. State, 172 Ala. 368, 55 So. 801; Forman v. State, 190 Ala. 22, 67 So. 583;......
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Sandford v. State
... ... adversary without being under an obligation to retreat from ... his home only when free from fault in bringing on the ... difficulty, and when acting under an impending necessity to ... protect himself or home. Watkins v. State, 89 Ala ... 82, 8 So. 134; Gibson v. State, 126 Ala. 59, 28 So ... The law ... of self-defense as applicable to one's being under no ... obligation to retreat in his home was fully covered by ... charges Nos. 2, 3, 4, 8, 11, 17, 18, and 44, given at the ... request of the defendant, and the court cannot be put in ... ...
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Montgomery v. State
... ... encounters a necessity to kill to save his own life. Such ... necessity is, in legal contemplation, of his own creation, ... and he cannot justify under a necessity which his own fault ... and wrong have contributed to produce." Watkins' ... Case, 89 Ala. 82, 8 So. 134; Gibson's Case, 126 Ala. 59, ... 28 So. 673 ... In the ... light of the testimony, and of the considerations and ... authorities above adverted to, the writer is of the opinion ... that while those portions of the oral charge excepted to are ... not models of perspicuity, and may be ... ...