54 So. 119 | Ala. | 1910
In the case of Storey v. State, 71 Ala., at the bottom of page 336 Justice Somerville, writing the opinion of the court, it is said: “Where, however, the assault is manifestly felonious in its purpose and forcible in its nature, as in murder, rape, robbery, burglary, and the like as distinguished from secret felonies, like mere larceny from the person, or the picking of
Charge 10, requested by the defendant and refused by the court, was properly refused, as giving too great prominence to the evidence of good character, and failed to bring to the consideration of the jury all of the other evidence in the case.—Scott v. State, 105 Ala. 59, 16 South. 925, 53 Am. St. Rep. 100; Springfield v. State, 96 Ala. 81, 11 South. 250, 38 Am. St. Rep. 85; Goldsmith v. State, 105 Ala. 8, 16 South. 933; Grant v. State, 97 Ala. 35, 11 South. 915.
Objection to argument of solicitor could not be raised by written charge. The argument should have been objected to at the time it was made. Charge 14 was therefore properly refused.
Charge 25, requested by the defendant, should have been given. The evidence was without dispute that the killing took place in the dwelling house of both defendant and deceased. Defendant was the wife of the deceased, and they were living together in this house. There must be somewhere a person may stop and defend himself or herself, when they have the right otherwise to do so. The fact that two may live in the same house, have the same dwelling, or place of business does not take away from either in favor of the other the right to stop there and defend himself.—Jones v. State, 76 Ala. 8.
For the error pointed out, the case is reversed and remanded.
Reversed and remanded.