Fantroy v. State

Fantroy v. State, 51 So. 931 (Ala. 1910)

Court: Supreme Court of Alabama · State Highest Courts
Decided: February 26, 1910
Judges: Andeeson, Dowdell, Evans, Mayfield, McClellan, Sayre, Simpson
Citations: 51 So. 931166 Ala. 271910 Ala. LEXIS 309
Disposition: Reversed.

Cited by 6

Headnotes

Assault With Intent to Murder. Homicide; Assault with Intent to Murder; Self • Defense. — A charge asserting that if the defendant shot under a bona fide belief that his life was in danger, and he had under all the circumstances reasonable cause to believe he was in imminent .danger, it would be immaterial whether there was such danger or not, is a proper charge, and its refusal error. (McClellan, J., dissents.)

Summary

Appeal from Barbour' Circuit Court. Heard before Hon. A. A. Evans. Balkom Fantroy was convicted of assault and battery, and he appeals. The charge referred to is as follows: “The court charges the jury, if the defendant shot under the bona fide belief that his life was in danger, and he had under all circumstances reasonable cause to believe he was in imminent danger, it would be immaterial whether there was such actual danger or not.” The court erred in refusing the charge requested by defendant. — Kenfnedy v. State, 140 Ala. 1. Counsel discuss the charge and insists that it was without error, but cites no authority.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Simpson

Text extracted by OCR from a scanned original; check the original for exact wording.

SIMPSON, J.

The appellant was indicted for assault with intent to murder, and was convicted of assault and battery.

The only question raised in the record is as to the correctness of the action of the court in refusing to give *28 the charge requested in writing by the defendant. The charge requested in writing by the defendant, and refused by the court, is an exact copy of a charge which has been held to be good by this court. —Kennedy v. State, 140 Ala. 1, 6, 8 , 37 South. 90 . The court erred in refusing to give said charge.

The judgment of the court is reversed, and the cause remanded.

Reversed and remanded.

Dowdell, C. J., and Andeeson, Mayfield, and Sayre, JJ., concur. McClellan, J., dissents. Evans, J., not sitting.

How later courts describe this case

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

Cited by 6 cases

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Relies on it most ⓘ

Powell v. State59 So. 530 (Ala. Ct. App. 1912)
Abercrombie v. State36 So. 2d 111 (Ala. Ct. App. 1948)
Cox v. State96 So. 83 (Ala. Ct. App. 1923)
Russell v. State79 So. 359 (Ala. 1918)
Widner v. State376 So. 2d 1132 (Ala. Crim. App. 1979)
Gray v. State55 So. 124 (Ala. 1911)

Most recent

Widner v. State376 So. 2d 1132 (Ala. Crim. App. 1979)
Abercrombie v. State36 So. 2d 111 (Ala. Ct. App. 1948)
Cox v. State96 So. 83 (Ala. Ct. App. 1923)
Russell v. State79 So. 359 (Ala. 1918)
Powell v. State59 So. 530 (Ala. Ct. App. 1912)
Gray v. State55 So. 124 (Ala. 1911)

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 1

Depth	Case	Cited by
	Kennedy v. State, 140 Ala. 1 (1903)	35

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