Reese v. State
| Citation | 135 Ala. 13,33 So. 672 |
| Parties | REESE v. STATE. |
| Decision Date | 10 February 1903 |
| Court | Alabama Supreme Court |
Appeal from circuit court, Lowndes county; J. C. Richardson, Judge.
Houston (alias Bunch) Reese was convicted of murder in the second degree, and he appeals. Affirmed.
On the trial of the cause it was shown that while the defendant and Ed Jones whom defendant killed, and several other negroes were standing together, the defendant asked Ed Jones to pay him 25 cents which he owed him; that the said Jones replied that he did not owe him 25 cents, but that he had only 10 cents, which he could have, which the defendant declined to accept, saying that he wanted all or none; that thereupon Ed Jones went into the house near by, and when he went into the house one of the persons standing by the defendant said to him that he had better leave there; that the defendant then went to the house of his uncle, which was some 300 yards away; that, when Ed Jones came out of the house which he had entered, he had a pistol with him; that, after the defendant entered his uncle's house, he came out of it carrying a gun on his shoulder, and started down a path which led towards a well; that this well was nearer where the said Ed Jones had been than it was to the house from which the defendant came bearing the gun; that, as soon as the defendant came out of the house, Ed Jones started towards the well; that some of the persons with him begged him not to go there; that on reaching the well he stooped down behind the curbing which was above the ground three or four feet; that as the defendant came close to the well, the said Ed Jones rose from behind the curbing and fired at him with his pistol; that the defendant walked around towards the well when Jones raised the gun and fired at him; that defendant then walked up to the well, put his gun over the curbing, and shot Jones with the gun, killing him. The defendant requested the court to give to the jury the following written charges and separately excepted to the court's refusal to give each of them as asked:
Powell Hamilton & Middleton, for appellant.
Chas G. Brown, Atty. Gen., for the...
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Thomas v. State
... ... a reasonable doubt, the defendant is guilty of murder; and ... after careful consideration of the evidence offered by the ... defense we have failed to find anything upon which to rest ... the doctrine of self-defense. Dabney's Case, 113 Ala. 38, ... 21 So. 211, 59 Am. St. Rep. 92; Reese's Case, 135 Ala ... 13, 33 So. 672; Davis' Case, 92 Ala. 20, 9 So. 616; ... Williams' Case, 130 Ala. 107, 112, 30 So. 484. Indeed, ... the only claim made by the defendant on the trial, so far as ... the evidence discloses, was that the killing was the result ... of an accident; and in this ... ...
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Langham v. State
...It is not enough that he is reasonably free from fault. He must be entirely free. Brewer v. State, 160 Ala. 66, 49 So. 336; Reese v. State, 135 Ala. 13, 33 So. 672; Stallworth v. State, 146 Ala. 8, 41 So. The evidence is without conflict that the defendant killed the deceased by shooting hi......
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Hammond v. State
...in good faith to arrest the deceased, but for the purpose of engaging in a difficulty with him, he was not without fault. Reese's Case, 135 Ala. 13, 33 So. 672; Neeley's 20 Iowa, 108; Benham's Case, 23 Iowa, 154, 92 Am. Dec. 416. All the other refused charges were properly refused. Some of ......
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