Roden v. State

• Decision Date: 06 February 1893
• Citation: 12 So. 419,97 Ala. 54
• Parties: RODEN ET AL. v. STATE.
• Court: Alabama Supreme Court

12 So. 419

97 Ala. 54

RODEN ET AL. v. STATE.

Supreme Court of Alabama

February 6, 1893

Appeal from circuit court, Marshall county; John B. Tally, Judge.

Dick Roden and Pick Roden were convicted of assault with intent to murder one William P. Hunt, and appealed. Affirmed.

The state introduced only one witness, whose testimony was to the effect that he saw Dick Roden shoot William P. Hunt with a shotgun; that the first thing he saw was that Hunt came up to where Bill Lewis and Pick Roden were talking, and, while there talking, Dick Roden shot first, and after this that Pick Roden shot a pistol two or three times while Hunt and Dick were in a general fight. The evidence for the defendants tended to show that while Pick Roden and one Lewis were in conversation the said Hunt came up to where they were talking, and, cursing Pick Roden, said that he was going to whip him; and as he tried to draw his pistol, Dick Roden, who was standing 30 or 40 yards away, shot him with a gun; and that as Hunt turned to shoot at Dick Roden, Pick Roden drew his pistol, and aimed it at Hunt, but he was caught by one of the persons standing near, and the pistol went off in the air. Upon the introduction of all the evidence the defendant requested the following written charges, and separately excepted to the court's refusal to give each of them as asked: (1) "If the only reasonable escape for Pick Roden would have been dangerous, and have placed his life in peril or the defendant Pick Roden in great bodily harm, and he was not an aggressor, then Dick Roden had the right to shoot Hunt to save his brother." (2) "If Dick Roden was warned that Hunt was going to attack his brother, and at once borrowed a gun to protect his brother, Pick, he had a right to use it if his brother was in great danger of his life or great bodily harm, if his brother was not in the wrong." (3) "It is not absolutely necessary that Pick Roden's life was in danger, but it is necessary that it was in apparent danger, and apparent danger would be sufficient to authorize his brother to act upon appearances if Pick was not at fault, and his life appeared to be in great danger, or his body in danger of grievous bodily harm." (4) "The burden of proof is always on the state to prove the defendant's guilty conduct, and without just excuse or lawful reason therefor, and, if the state fail in this, the defendant should always be acquitted for without such proof the defendant is not guilty under the law, and should not be convicted." (5) "Before the jury should convict the defendants they should believe from all the evidence that the...