Jeffries v. State, 8 Div. 968.
| Decision Date | 11 February 1930 |
| Docket Number | 8 Div. 968. |
| Citation | 23 Ala.App. 401,126 So. 177 |
| Parties | JEFFRIES v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Madison County; Paul Speake, Judge.
Bryant Jeffries was convicted of manslaughter in the second degree and he appeals. Reversed and rendered.
Douglass Taylor and John E. McEachin, both of Huntsville, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
Appellant was tried under an indictment charging murder in the second degree, and convicted of the offense of manslaughter in the second degree.
The essential facts, briefly, are, that appellant was a police officer of the city of Huntsville, on duty at the time of the killing of deceased; he, with another police officer likewise on duty at the time, went, at night, in answer to a telephone call, to a certain part of said city, to investigate a reported burglary, or attempted burglary, of one Hall's store; reaching the said store, and beginning the investigation, evidences of the burglary, or attempted burglary, were found by the officers, and a man found on the premises, under such circumstances that they were authorized to conclude that he was implicated in the crime; they undertook to halt, or to arrest him, and, in doing so, a situation arose in which appellant shot said man intentionally, and killed him. Upon the trial, the shooting of deceased intentionally, under such circumstances that death would likely result, was admitted, but the defense interposed was the dual one of "self-defense," or "shooting in order to apprehend a felon," etc., or "in order to prevent the commission of a felony," etc.
"Manslaughter by voluntarily depriving a human being of life, is manslaughter in the first degree; and manslaughter committed under any other circumstances is manslaughter in the second degree." Code 1923, § 4460.
"Manslaughter in the second degree is when the homicide results from the commission of a misdemeanor, or civil tort, but which result was not intended or contemplated." Mitchell v. State, 60 Ala. 33. Another definition of manslaughter in the second degree is: ' Sawyer v. State, 20 Ala. App. 504, 103 So. 309.
In this case, as was said in the opinion in the case of Stoball v. State, 116 Ala. 454, 23 So. 162, 163, we, after a careful reading of all the testimony, may say: ...
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Duncan v. State
...6 So.2d 450 30 Ala.App. 356 DUNCAN v. STATE. 4 Div. 659.Alabama Court of AppealsJanuary 13, 1942 ... Rehearing ... State, 20 ... Ala.App. 504, 103 So. 309; Jeffries v. State, 23 ... Ala.App. 401, 126 So. [30 Ala.App. 359] 177. In other ... doubtful in credibility. Gibson v. State, 89 Ala ... 121, 8 So. 98, 18 Am.St.Rep. 96. And in Morris v. State ... (Ala.Sup.), 39 So ... ...
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Carter v. State
...relating to this degree of homicide should have been given." With urgent insistence, appellant contends that the case of Jeffries v. State, 23 Ala.App. 401, 126 So. 177, should control our decision in his favor in this case. have no disposition to depart from the holding in the Jeffries cas......
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Ivery v. State, 3 Div. 105
...in the second degree, commonly called 'involuntary manslaughter. " Sawyer v. State, 20 Ala.App. 504, 103 So. 309; Jeffries v. State, 23 Ala.App. 401, 126 So. 177. In other words, even though the blow producing death might have been wrongful and intentionally struck, it would be no more than......
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Champion v. State
...testified that Ingram's head injuries were the result of blows which he, appellant, struck with his blackjack. In Jeffries v. State, 23 Ala.App. 401, 126 So. 177, a case highly similar to the present one, this court held that where the evidence permits of no inference but that a killing is ......