Alabama Court of Appeals, 1917

Smith v. State

Smith v. State
Alabama Court of Appeals · Decided May 29, 1917 · Samford
75 So. 829; 16 Ala. App. 153; 1917 Ala. App. LEXIS 213 (Southern Reporter)

Smith v. State

Opinion of the Court

SAMFORD, J.

[1] Charges 1, 2, 3, 5, 6, 7, 10, 11, A2, and A3 are all objectionable for the reason, among others, that they omit freedom from fault in bringing on the difficulty.

[2] Charge 4 is bad because it fails to say of what the jury should be in doubt.

[3] Charges 8 and 9 are bad because the state might fail to prove malice and still the defendant would be guilty of •manslaughter.

There is no error in the record, and the judgment is affirmed.

Affirmed.

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