Lewis v. State

• Court: Alabama Court of Appeals
• Writing for the Court: RICE, J.
• Citation: Lewis v. State, 22 Ala.App. 108, 113 So. 88 (Ala. App. 1927)
• Decision Date: 17 May 1927
• Docket Number: 6 Div. 186
• Parties: LEWIS v. STATE.

113 So. 88

22 Ala.App. 108

LEWIS v. STATE.

6 Div. 186

Court of Appeals of Alabama

May 17, 1927

Appeal from Circuit Court, Jefferson County; H.P. Heflin, Judge.

Phillip Lewis was convicted of manslaughter in the first degree, and he appeals. Affirmed.

G.C Boner, of Birmingham, for appellant.

Charlie C. McCall, Atty. Gen., for the State.

RICE J.

Appellant was indicted for the offense of murder in the first degree tried, and convicted of the offense of manslaughter in the first degree. His punishment was fixed at imprisonment in the penitentiary for a term of ten years.

All the evidence tended to show that defendant killed the deceased by a shot from a pistol, which shot was aimed at or for one Flennoy, with whom defendant was engaged in a difficulty. This being the case, defendant's guilt or innocence is to be determined solely on the proposition of whether or not he would have been blameless had the shot killed Flennoy, for whom it was intended. Gilbert v. State, 20 Ala.App 28, 100 So. 566.

The trial court's full and comprehensive oral charge was based, pertinently, on this principle, and the same, in connection with the numerous written charges given at appellant's request, seems to cover every phase of the law applicable. This in itself is a sufficient justification for the refusal of each of the written charges which stated a correct proposition of applicable law indorsed "Refused" in the record.

The trial court fully cured in his oral charge any error he may...