Ex Parte Owen

Refused charge 3 in Hudson v. State, 217 Ala. 479,116 So. 800, identical with charge 5 in this case, was condemned because it justified the defendant in shooting the deceased, though he was not free from fault in bringing on the difficulty.

Charges 6 and 9 pretermit defendant's duty to retreat. In Chaney's Case, 178 Ala. 44, 59 So. 604, under the undisputed evidence in that case, the killing was in defendant's place of business and he was under no duty to retreat.

This disposes of the questions presented, and the writ of certiorari will be denied.

Writ denied.

ANDERSON, C. J., and THOMAS and FOSTER, JJ., concur.

Case Details

Case Name: Ex Parte Owen

Court Name: Supreme Court of Alabama

Date Published: Oct 15, 1931

Citation: 137 So. 311

Docket Number: 8 Div. 338.

Court Abbreviation: Ala.