Moore v. State

• Decision Date: 13 June 1944
• Docket Number: 7 Div. 733.
• Citation: 31 Ala.App. 483,18 So.2d 803
• Parties: MOORE v STATE.
• Court: Alabama Court of Appeals

18 So.2d 803

31 Ala.App. 483

MOORE v STATE.

7 Div. 733.

Alabama Court of Appeals

June 13, 1944

Rehearing Denied June 27, 1944.

Appeal from Circuit Court, Talladega County; R. B. Carr Judge.

The following charges were refused to defendant:

"11. The Court charges the jury that if the defendant did not provoke the difficulty and that he was free from fault in bringing it on, and that the said Paul Sanders made an overt act or attempt to use a knife on the defendant and he acted in so doing in such a manner as to indicate to a reasonable man that his intentions was to do great bodily harm to the defendant and there was no reasonable mode of escape or retreat without increasing his danger and the defendant honestly believed that he was in danger of great bodily harm at the hands of the said Paul Sanders, then the defendant was authorized to anticipate said decedent and cut him and if the jury has a reasonable doubt as this proposition they must find the defendant not guilty."

"16. I charge you gentlemen of the jury if you find from this evidence that the deceased and the defendant, Luke Moore together with others were at the home of one L. E. Taylor and without any provocation on the part of the defendant, Luke Moore, the deceased cursed the defendant, Luke Moore, calling the defendant's father mother and sister by vile names and with a knife in his hand told the defendant, Luke Moore, that if he didn't like it that he the deceased would cut the defendant's, Luke Moore, head off and throw it in the fire and that the defendant, Luke Moore, left the room with the deceased having in his hand a knife with a blade in each end and that immediately after the defendant left the room the deceased followed him and while on the veranda that the deceased without any provocation assaulted the defendant Luke Moore with said knife and that the defendant had no reasonable motive of escape from said assault and used no more force than was necessary to defend himself from great bodily harm or death, cut the deceased which caused his death then in that event your verdict will be for the defendant."

John J. Pruet, of Ashland, for appellant.

Wm N. McQueen, Acting Atty. Gen., and Forman Smith, Asst. Atty. Gen., for the State.

RICE Judge.

Appellant, tried jointly with one Austin Brown, under an indictment charging them with the offense of murder in the first degree, was convicted of the offense of manslaughter in the first degree and his punishment fixed at imprisonment in the penitentiary for the term of ten years. Austin Brown was acquitted.

Appellant offered no testimony. That offered on behalf of the State--consisting in large part of testimony as to a "confession" by appellant--was to the undisputed effect that appellant killed one Paul Sanders by cutting him with a knife, which we know to be a deadly weapon.

As we said in the opinion in the case of Coates v. State, 29 Ala.App. 616, 199 So. 830, and in the opinion in the case of Grays v. State, 28 Ala.App. 394, 185...