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Baker v. State

Baker v. State.

Baker v. State, 36 So. 2d 241 (Ala. 1948)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
June 10, 1948
Docket
No. 5 Div. 453.
Judges
Brown, Gardner, Livingston, Simpson
Citations
36 So. 2d 241251 Ala. 65

Opinion of the Court — Simpson

SIMPSON, Justice.

Petition of Charles Baker for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in the case of Baker v. State, 33 Ala.App. 596 , 36 So.2d 239 , wherein a judgment of conviction of assault with intent to murder was affirmed.

Writ denied.

GARDNER, C. J., and BROWN, and LIVINGSTON, JJ., concur.

Addendum — Simpson

On Rehearing SIMPSON, Justice.

We denied certiorari because, under the limited review in such cases, we accept the findings of facts by the Court of Appeals as disclosed in its opinions.

In the instant case there is a clear finding by that court that, from the facts proving the offense, no inference was deducible that defendant acted in self-defense or that his act in .shooting the prosecuting witness was the result of sudden passion engendered by sufficient provocation and without malice.

There was, therefore, no duty on the trial judge to add to the charge to the jury that “malice is presumed from the use of a deadly weapon” the qualifying phrase unless the circumstances of the killing disprove malice. McDowell v. State, 238 Ala. 482, 486 , 191 So. 894 ; Hornsby v. State, 94 Ala. 55, 66 , 10 So. 522 , 526; Simpson v. State, 31 Ala.App. 150 , 13 So.2d 437 .

The application for rehearing must, therefore be overruled.

Rehearing denied.

GARDNER, C. J., and BROWN, and LIVINGSTON, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1973: 119732026peak 1973 · 1

Relies on it most ⓘ

  1. Williams v. State282 So. 2d 905 (Ala. 1973)

Most recent

  1. Williams v. State282 So. 2d 905 (Ala. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
McDowell v. State, 191 So. 894 (Ala. 1939) 17
Simpson v. State, 13 So. 2d 437 (Ala. Ct. App. 1943) 6
Baker v. State, 36 So. 2d 239 (Ala. Ct. App. 1948) 3
Hornsby v. State, 94 Ala. 55 (1891) 130

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