Olive v. State
Decision Date | 20 May 1913 |
Citation | 8 Ala.App. 178,63 So. 36 |
Parties | OLIVE v. STATE. |
Court | Alabama Court of Appeals |
Appeal from Circuit Court, Fayette County; Bernard Harwood, Judge.
Elmer Olive was convicted of manslaughter in the first degree, and he appeals. Affirmed.
The following are the charges referred to:
The charge in the third assignment of error is not numbered, but charge 16 is as above set out.
R.H. Scrivner, of Birmingham, for appellant.
R.C Brickell, Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State.
This is the second appeal in this case--the former being reported in Olive v. State, 2 Ala.App. 77, 57 So. 66, where the judgment of conviction was reversed. On the subsequent trial the defendant was convicted of manslaughter in the first degree, and sentenced for five years. The only errors now urged are those alleged to have been committed by the trial court in the refusal of certain written instructions requested by defendant, and it is not necessary to an understanding of the disposition we make of these rulings that the facts of the case be reviewed or set out.
Under a recent decision of our Supreme Court, made in the case of A.G.S.R.R. Co. v. Robinson, 62 So. 813, where the subject is fully discussed and the cases reviewed, it is not reversible error for the trial court to refuse charges like that set out in the first assignment of error. A.G.S.R.R. Co. v. Robinson.
Neither did the court err in refusing the affirmative charge requested by defendant; for even assuming, contrary to the truth, that inferences from the facts proved by the state did not at all contradict defendant's version of the difficulty--he being the only eyewitness as to how it happened and took place--and...
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Williams v. State
...effect the holding in Cooley v. State, 233 Ala. 407, 171 So. 725. See also Coates v. State, 29 Ala.App. 616, 199 So. 830; Olive v. State, 8 Ala.App. 178, 63 So. 36; Denson v. State, 32 Ala.App. 554, 28 So.2d 174; Lewis v. State, 25 Ala.App. 188, 142 So. We are unable to bring ourselves to t......
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Collier v. State
...40, 49 So. 828; and this is true even though the defendant's testimony as to how the difficulty occurred is uncontradicted. Olive v. State, 8 Ala.App. 178, 63 So. 36. A defendant relying on self-defense is not under a burden of proving such issue to the reasonable satisfaction of the jury; ......
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Weaver v. State, 6 Div. 850
...the affray, required that the other elements of the doctrine of self defense be submitted to the jury. In the case of Olive v. State, 8 Ala.App. 178, 63 So. 36, 37, this court held: 'Neither did the court err in refusing the affirmative charge requested by defendant; for even assuming, cont......
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Denson v. State
... ... time when she was without a weapon of any kind ... In any ... event, a question on this factual was posed for the ... determination of the jury, and the affirmative charge in ... appellant's behalf was refused without error ... What ... this court observed in Olive v. State, 8 Ala.App ... 178, 63 So. 36, 37, is appropriate to restate here: ... 'Neither ... did the court err in refusing the affirmative charge ... requested by defendant; for even assuming, contrary to the ... truth, that inferences from the facts proved by the state did ... not ... ...