133 Ala. 81 | Ala. | 1901
The defendant set up the plea of self-defense. The evidence was in conflict as fo who was the aggressor. The evidence without dispute showed that the killing occurred at the home of one Pruett, :on the occasion of a public sale, where a good many people were attending; that on said occasion the deceased and one Burrell Messer, who was the father-in-law of
Other exceptions reserved to the rulings of the court on the admission and exclusion of evidence .are without merit. Moreover, the same are not insisted on in argument.
■ There were a number of written charges requested by the defendant, the greater part of which were given by the court. Of the written charges refused those numbered 1, 4, 15, 23, and 25, only, are insisted on in argument. Charge 1 was properly refused as being argumentative. The i’emaining charges above mentioned are possessed of infirmities rendering them bad, and for which similar charges have been condemned in one or more of the following cases: Gilmore v. State, 126 Ala. 20; Fountain v. State, 98 Ala. 40; Stone v. State, 105 Ala. 60; Roden v. State, 97 Ala. 54; Bondurant v. State, 125 Ala. 31; Compton v. State, 110 Ala. 24. These charges, in postulating, an acquittal upon self-defense, are either faulty in that they are argumentative, or in the omission of some one of the constituent elements of self-defense.
'The charges refused which are not insisted upon in argument, need no comment on their defects.
. For the error pointed out the judgment of the trial court will be reversed and the cause remanded.