Robinson v. State
| Decision Date | 12 November 1925 |
| Docket Number | 4 Div. 245 |
| Citation | 213 Ala. 691,106 So. 134 |
| Parties | ROBINSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Pike County; W.L. Parks, Judge.
Padgett Robinson was convicted of murder in the second degree, and he appeals. Affirmed.
Ballard & Brassell, of Troy, for appellant.
Harwell G. Davis, Atty. Gen., and Robert G. Tate, Asst. Atty. Gen for the State.
Exceptions to rulings on the admission of evidence, either brought corrections by the trial court, or the rulings were obviously correct, or were not of such materiality as to justify a reversal on their account.
The killing occurred within the dwelling house of Eula Allen where the evidence adduced on behalf of defendant went to show that he was an invited guest--did unquestionably show at least that he was there with the consent and approval of the proprietor or occupant. In its oral charge, the court instructed the jury in regard to the general doctrine of retreat as affecting defendant's right to act in self-defense, but the bearing upon that right of the fact that defendant was a guest in the dwelling house of Eula Allen and that deceased went there as an armed intruder, the legal bearing of these facts upon defendant's asserted right to act in self-defense was not stated to the jury. The evidence adduced by defendant in support of his contention--of which the jury were the judges--called for a statement of the law, in substance, that, if he was a guest in the house and deceased an armed intruder, and if, without fault on his part, he was assaulted or by conduct deceased indicated his purpose to assault him with a deadly weapon then defendant was under no duty to retreat, but had the right to stand his ground and defend himself, even to the taking of the life of his assailant. Crawford v. State, 112 Ala. 1, 21 So. 214; Jacobs v. State, 146 Ala. 103, 42 So. 70. By his charge B, defendant sought to have this law stated to the jury; but the hypothesis of the charge was that defendant was "there by invitation of the deceased." There was no evidence to support this hypothesis, and the charge was properly refused.
Defendant's requested charge D was faulty as an instruction to the jury for the reason that it failed to hypothesize that deceased did attack or was about to attack defendant. There was evidence for the state tending to show that deceased made no aggressive movement or gesture with the gun he had in his...
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Smith v. State
...So. 205; Bankers' Mortg. Bond Co. v. Rosenthal, 226 Ala. 135, 145 So. 456; Davis v. State, 214 Ala. 273, 277, 107 So. 737; Robinson v. State, 213 Ala. 691, 106 So. 134; Buffalow v. State, 219 Ala. 407, 122 So. Appellant insists that the refusal of charge 58 was error, for that the charge wa......
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May v. State, 8 Div. 749
...216, 39 So.2d 21. In our treatment of the instruction in that case, we omitted to point out that in the case of Robinson v. State, 213 Ala. 691, 106 So. 134, 136, the Supreme Court disapproved the charge because it 'failed to state that defendant was free from fault.' Neither did we include......
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Potter v. State
...is abstract and misleading. Kirkwood v. State, 8 Ala.App. 108, 62 So. 1011; White v. State, 20 Ala.App. 213, 101 So. 312; Robinson v. State, 213 Ala. 691, 106 So. 134. Objection is made in brief that written requested charges marked 'given' by the trial judge were not taken by the jury with......
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Davis v. State
... ... a proper charge in circumstances such as obtain in this case ... Bluett v. State, 44 So. 84, 151 Ala. 56; Id., 49 So ... 854, 161 Ala. 17; Richardson v. State, 68 So. 57, ... 191 Ala. 28; Glass v. State. 78 So. 819, 201 Ala ... 442, and frequently by the Court of Appeals. In Robinson ... v. State, 106 So. 134, 213 Ala. 691, this court approved ... the refusal of a charge much like this, charge 4 in that ... case; but that charge omitted to predicate consideration of ... "all the evidence." ... Charge ... 27 was properly refused. It was defective, as this court ... ...