Howard v. State
Howard v. State
Opinion of the Court
1. The second charge asked by defendant was properly refused. In order to invoke the doctrine of self-defense, the law requires that defendant should have been free from all fault or wrongdoing which had the effect to provoke or bring on the difficulty. To be reasonably free from fault is not sufficient.—McQueen v. The State, 103 Ala. 13; Johnson v. The State, 102 Ala. 3. Again, the duty of retreat cannot be postulated, as in the charge, upon the defendant’s reason to believe that he is in great danger. His reason to believe is not the equivalent to reasonable belief. A reasonable belief, begotten by attendant circumstances fairly creating it and honestly eutertained, will justify a homicide under proper conditions. An irrational belief, however honestly entertained, will not answer.—Oliver v. The State, 17 Ala. 587; Harrison v. The State, 24 Ala. 67; Holley v. The State, 75 Ala. 14; Naugher v. The State, 105 Ala. 26; Compton v. The State, ante, p. 24.
The third charge requested by defendant was also er-1 roneous under the evidence in the case. The burden was on the defendant to show that there was a necessity to take life, or that the circumstances were such as to
There is no error in the record, and the judgment is affirmed.
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