Robinson v. State
| Decision Date | 04 November 1937 |
| Docket Number | 6 Div. 225 |
| Citation | Robinson v. State, 235 Ala. 7, 176 So. 812 (Ala. 1937) |
| Parties | ROBINSON v. STATE. |
| Court | Alabama Supreme Court |
Certiorari to Court of Appeals.
Petition of the State of Alabama, by its Attorney General, for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Taylor Lamar Robinson v. State(6 Div. 113)176 So. 811.
Writ denied.
A.A Carmichael, Atty. Gen., and Clarence M. Small, Asst. Atty Gen., for the State.
Bealle & Mize, of Tuscaloosa, for respondent.
This cause is before this court on petition by the State for writ of certiorari to bring before us, for review and revision the opinion and judgment of the Court of Appeals in the case of Robinson v. State of Alabama,176 So. 811.
It would appear from the opinion of the Court of Appeals that there was evidence introduced upon the trial of the cause in the circuit court tending to support defendant's plea of self defense.This holding necessarily involved a finding that there was evidence before the court and jury that the deceased was the aggressor in the fatal difficulty, and that the defendant was free from fault in bringing on the difficulty.In this state of the evidence, as found by the Court of Appeals, it was competent for the defendant to show that shortly before the killing the deceased had remarked to the witness Wheat, "Who was scared of the old gray-headed son of a bitch?" referring to the defendant.This testimony tended to show the state of mind of the deceased toward the defendant, evidencing as it did great hostility to him, and, therefore, had a direct bearing upon the question as to who was the aggressor.Roberson v State,217 Ala. 696, 117 So. 412;Beasley v. State,181 Ala. 28, 61 So. 259;...
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Harbin v. State
...to the assault the deceased or assaulted party made threats or statements evidencing great hostility toward the defendant. Robinson v. State, 235 Ala. 7, 176 So. 812. The ruling of instant concern does not violate this The remarks of the deceased, if made, were not necessarily directed to t......
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Corbitt v. State, 5 Div. 436.
...22 Ala.App. 39, 111 So. 767; Tarwater v. State, 24 Ala.App. 28, 129 So. 708; Binns v. State, 25 Ala.App. 590, 151 So. 614; Robinson v. State, 235 Ala. 7, 176 So. 812; McGuff v. State, 248 Ala. 259, 27 So.2d 241; Harlan v. State, 23 Ala.App. 592, 129 So. 482; Humber v. State, 19 Ala.App. 451......
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Sanders v. State
... ... p. 447, Homicide, k190(3). Its ... admissibility is on the same principle which justifies ... threats by decedent previously made and communicated, ... Myers v. State, 62 Ala. 599, and which justifies ... evidence of words which show a hostile state of mind toward ... defendant, Robinson v. State, 235 Ala. 7, 176 So ... 812, and the violent character of deceased. DeArman v ... State, 71 Ala. 351, 352(12) ... None ... of such evidence is admissible when offered by defendant, if ... he was the aggressor in the difficulty which then and there ... resulted in the ... ...
- Curry v. State, 6 Div. 227