Reynolds v. State

• Decision Date: 13 February 1908
• Citation: 45 So. 894,154 Ala. 14
• Parties: REYNOLDS v. STATE.
• Court: Alabama Supreme Court

45 So. 894

154 Ala. 14

REYNOLDS v. STATE.

Supreme Court of Alabama

February 13, 1908

Appeal from Circuit Court, Pike County; H. A. Pearce, Judge.

Alonzo Reynolds was convicted of an unlawful homicide, and he appeals. Reversed and remanded.

Defendant was indicted for murder in the second degree for the killing of Henry Boswell. The testimony of the killing, as detailed by the wife of the deceased man, was that the deceased and the defendant had been to Troy that day in a wagon, and when they returned Henry Boswell came to the house, leaving the others to put up the mule. She asked Boswell if he wanted any supper, and he told her that he did not, and she put his supper in the stove, and he put four bottles of whisky on the shelf in the kitchen; that the others soon came to the house and began eating supper, and the defendant began to tell witness about some trouble between defendant and deceased on the way home, Boswell sitting at the time near the door in a chair; and that Henry began to curse and abuse the defendant and the defendant said that when a man cursed him he would like to know what he was cursing him about. Defendant then got up and went out of the door by Boswell, who continued to curse him. Henry ordered him to leave, and after a while went out to where defendant was standing near a tree, and the next witness heard was a lick, and then she saw the defendant pass the second lick to Boswell. Boswell then went back and sat down, saying he believed the boy had cut him; that witness called several of the boys, and they put Boswell on the bed and undressed him; and he died in about 30 minutes, and when they undressed the deceased they found his knife open in his coat pocket. The other evidence sufficiently appears in the opinion of the court.

The following charges were requested by defendant and refused "(3) Defendant cannot be convicted of murder or manslaughter in the first degree unless the defendant had the intention to kill Henry Boswell, or intended to do an act of violence from which ordinarily in the usual course of events death or great bodily harm may be a consequence, and that he was of sufficient intelligence to know and understand the consequences of his act. (4) If the killing of Henry Boswell was an accident, and not the natural and reasonable result of the conduct of the defendant, and not intentionally done, and defendant was in a reasonable manner repelling an attack made on him, and was only using such force as seemed reasonably necessary to repel the attack, defendant should be found not guilty. (5) The defendant cannot be convicted of murder or manslaughter in the first degree unless the jury believe beyond a reasonable doubt that defendant intended to kill Henry Boswell at the time charged. (6) The doctrine of retreat has no application in this case." (7) The general affirmative charge.

Foster Samford & Carroll, for appellant.

Alexander M. Garber, Atty. Gen., for the State.

HARALSON J.

To constitute manslaughter in the first degree, there must be either a positive intention to kill, or an act of violence from which, ordinarily, in the usual course of events, death or great bodily harm may result. It is not necessary that the perpetrator intended or willed the death of...