Supreme Court of Alabama, 1881

Johnson v. State

Johnson v. State
Supreme Court of Alabama · Decided December 15, 1881 · Stone
69 Ala. 253

Johnson v. State

Opinion of the Court

STONE, J.

If the testimony of Squire Howard was believed, the jury rightly found that the defendant provoked and brought on the difficulty, and that he committed a battery on the prosecuting witness, by placing a pistol against his chin in an angry and insulting manner. This disabled the defendant from invoking the doctrine of self-defense. See authorities on the brief of the Attorney-General. The rulings of the Circuit Court were in harmony with these views. There is nothing in the other question raised.

Affirmed.

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