Hopson v. State
Hopson v. State
Opinion of the Court
Second degree murder, sentence: thirty years.
I
Appellant maintains that the trial court erred in giving his oral charge to the jury and in refusing appellant’s two requested written charges. The court instructed the jury as follows:
“You have also heard evidence of the reputation of the deceased for turbulence and violence. The only place that that has in the case is in evaluating or calculating the conduct of the defendant at the time that he contends that he was in peril or in apparent peril. You will evaluate it from that standpoint.”
At the conclusion of the oral charge, the following occurred:
“MR. STRAUB: We except to that portion of the Court’s charge where he said in substance ‘The only time the bad character of deceased comes into play is in evaluating the actions of the Defendant.’ “THE COURT: All right. How would you want that corrected, what other aspect.
“MR. STRAUB: I don’t know. I just don’t think it makes a correct statement of the law.
“THE COURT: It is allowed for the purpose of — on the issue of whether or not the Defendant considered himself in actual or apparent peril, and that is the only purpose it is allowed for, and I will let that stand.
“MR. STRAUB: We except.”
The court refused the following written charges requested by appellant:
“1. The court charges the jury that if they believe from the evidence that the deceased was of a violent and bloodthirsty character they are to take such evidence into consideration in determining the degree of the defendant’s guilt, provided they find him guilty.
[[Image here]]
“17. If the jury believe from the evidence that the deceased was of a violent and bloodthirsty character, they are to take such evidence into consideration in determining the degree of the defendant’s guilt, provided they find him guilty.”
While it is our judgment that appellant was not entirely free from fault, and that, by arming himself and following the victim he may have become the aggressor in the instant case, appellant did offer “some evidence tending to show self-defense.” Aberhart v. State, Ala.Cr.App., 353 So.2d 4, reversed, 353 So.2d 6, 7 (Ala. 1977). He was, therefore, entitled to present evidence of the violent and bloodthirsty character of the deceased, and was entitled to the two
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.