125 Ala. 40 | Ala. | 1899
What is said -as to this charge, goes in -condemnation, also, of charge A requested by and given for the State.
Charge B did not hypothesize that defendant at the time he shot deceased knew that he was unarmed. Besides, there is no proof to show that deceased had been disarmed of the knife, the evidence tended to show he had, and was using at the time on defendant. It should have been refused.
The charge numbered 1 requested by the defendant should have been given. The evidence shows without conflict, as we have before -stated, that the fact hypothesized in this charge was true. If so, it should have been given.
The judgment and sentence of the lower court are reversed and the cause remanded.