64 So. 639 | Ala. Ct. App. | 1914
There was evidence tending to prove that after dark the defendant shot the deceased. Jesse Bailey, as the latter was coming towards him with a gun, the defendant at the time being in his own residence and under a mistaken, but not wholly unfounded, belief that it was another man who was- approaching and about to commit a murderous assault upon him. There was other evidence which tended to prove that before the fatal shot was fired the defendant Avas informed that the man he saw in his yard was Jesse Bailey. Zack Bailey, a brother of the deceased,
It was not error for the court to- refuse to permit the defendant, on the cross-examination of the same witness, to prove what the defendant did after he discovered that he had killed Jesse Bailey. This was not a part of the res gestee, the incident which is under investigation then being a thing of the past (Lundsford v. State, 2 Ala. App. 38, 56 South. 89), and the state had not opened the door to such evidence by proving a part of what the defendant did at the time inquired about.
The statements of the witness Woodall as to what the defendant’s wife, some time after the shooting and
The fact that before the argument to the jury was entered upon the defendant’s counsel had submitted to the court a number of written charges, some of which were given and some refused, did not justify the court in refusing to consider other written charges separately requested by the defendant’s counsel upon the conclusion of the court’s oral charge, and before the jury retired, or to write “Given” or “Refused” on
The judgment appealed from must be reversed because of the errors above pointed out, and no useful purpose would be served by going into a detailed review of other rulings made on questions, proper solutions of which may readily be found in the reported decisions of Alabama courts.
Reversed and remanded.