Moon v. State
| Decision Date | 11 August 1925 |
| Docket Number | 8 Div. 295 |
| Citation | 21 Ala.App. 111,105 So. 427 |
| Parties | MOON v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Madison County; Jas. E. Horton, Judge.
John Will Moon was convicted of manslaughter in the first degree and he appeals. Affirmed.
S.H. Richardson, of Huntsville, for appellant.
Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
The undisputed evidence in this case shows that the death wound upon Yancy Hunter, the deceased, named in this indictment inflicted by this defendant, was almost in the center of his back, just above the waist line. This physical fact, being without conflict, of itself would preclude the right of the defendant to the general affirmative charge. Angling v State, 137 Ala. 17, 34 So. 846.
The motion for a new trial is not set out in the bill of exceptions; therefore the ruling of the court in denying same is not presented for review.
Numerous special written charges were refused to defendant. Practically all of these refused charges contain propositions of law relative to the legal rights and prerogatives of the defendant, who was a deputy sheriff, to arrest the deceased and to fire the shot which took his life in the effort to make the arrest. There was no error in refusing any of these charges, for such as properly stated the law were fully covered by the able and explicit charge of the court, and by the great number of charges given at the request of the defendant.
The law is that the refusal of a charge, though a correct statement of the law, shall not be cause for a reversal on appeal, if it appears that the same rule of law was substantially and fairly given to the jury in the court's general charge, or in charges given at the request of the defendant.
The predicate laid for the dying declaration met the required rule of evidence. The court did not err in this connection.
Mrs. Ida Hunter, widow of deceased, Yancy Hunter, was asked by defendant on cross-examination:
"Did your husband take plow tools, or anything of that kind, with him when he left the house?" Also, "When your husband left out of the house, did he have anything with him?"
In sustaining the objections by the state to these questions there was no error. So far as we are able to ascertain, these inquiries related to matters not pertinent to any issue involved upon the trial of this case. Nor could it shed any light upon the...
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Glass v. State, 4 Div. 543.
... ... real or apparent, which justified the killing, and therefore ... the defendant in such a case can not set up self ... defense." See also Cobb v. State, 19 Ala.App ... 345, 346, 348, 97 So. 779; Mangino v. Todd et al., ... 19 Ala.App. 486, 491, 98 So. 323; Moon v. State, 21 ... Ala.App. 111, 112, 105 So. 427; Vaughan v. State, 21 ... Ala.App. 204, 107 So. 797; Wright v. State, 22 ... Ala.App. 376, 115 So. 852; Riddle v. State, 25 ... Ala.App. 142, 142 So. 680; Williams v. State, 26 ... Ala.App. 529, 163 So. 668; Barnum v. State, 28 ... Ala.App. 590, ... ...
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Vaughn v. State, 7 Div. 952.
... ... [36 So.2d 601.] ... real or apparent, which justified the killing, and therefore ... the defendant in such a case can not set up self ... defense.' See also Cobb v. State, 19 Ala.App ... 345, 346, 348, 97 So. 779; Mangino v. Todd et al., ... 19 Ala.App. 486, 491, 98 So. 323; Moon v. State, 21 ... Ala.App. 111, 112, 105 So. 427; Vaughan v. State, 21 ... Ala.App. 204, 107 So. 797; Wright v. State, 22 ... Ala.App. 376, 115 So. 852; Riddle v. State, 25 ... Ala.App. 142, 142 So. 680; Williams v. State, 26 ... Ala.App. 529, 163 So. 668; Barnum v. State, 28 ... Ala.App. 590, ... ...
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Riddle v. State
...137 Ala. 17, 34 So. 846; Cobb v. State, 19 Ala. App. 345, 97 So. 779. Mangino v. Todd, 19 Ala. App. 486, 98 So. 323; Moon v. State, 21 Ala. App. 111, 105 So. 427. Vaughan v. State, 21 Ala. App. 204, 107 So. 797. the Moon Case, supra, this court said: "The undisputed evidence in this case sh......
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Kizziah v. State
... ... the back of his arm, and in his back. This undisputed fact ... refutes any question of the necessity to kill, real or ... apparent, and under such condition the defendant cannot set ... up self-defense. Angling v. State, 137 Ala. 17, 34 ... So. 846; Moon v. State, 21 Ala.App. 111, 105 So ... 427. In said case the court said: ... 'The ... undisputed evidence in this case shows that the death wound ... upon Yancy Hunter, the deceased, named in this indictment, ... inflicted by this defendant, was almost in the center of his ... back, ... ...