...... Appel Clothing Company... .Creditor's Bill. 35 Colo. 149.... 186 .Suretyship.. .. 72 Neb. 332.... 799 Ohio Farmers' Ins. Co. v. Vogel.. Insurance.. ..166 Ind. 239.... 382 Olson v. Court of Honor.... NAME. SUBJECT. REPORT. PAGE. State v. Pioneer Press Co........ Lib. of Press..100 Minn. 173... 684 Waller v. Ross... Wanser v. De Nyse.. Whittaker v. Stangvick.. Woodhouse v. Powles. .... 35 Colo. 142... 182 ..166 Ind. 219.... 370 ..100 Minn. 331... 694 .Exemptions.. 73 Kan. 120... 457 .Gifts.. .... . Negligence.. .100 Minn. 7..... 661 Westinghouse Co. v. McGrath. Wright v. Voorhees.. .Injunction.. ..100 Minn. 386... 703 .... ..Chattel Mort....131 Iowa, 408... 429 CASES IN THE SUPREME COURT OF ALABAMA. GEORGE v. STATE. [145 Ala. 41, 40 South. 961.] HOMICIDE-Evidence.-A declaration by the deceased that he was cut is admissible in evidence although he did not state who cut him. (p. 18.) HOMICIDE—Evidence-Threats.-General threats made by a person accused of homicide having no reference to the deceased are not admissible in evidence against him. (p. 18.) HOMICIDE-Self-defense.-A blow from the hand or fist, under ordinary circumstances, neither justifies nor excuses the use of a deadly weapon, and it is for the jury to decide in a particular case whether the facts thereof are within the ordinary reason (p. 19.) or not. HOMICIDE.—Instruction that the jury may take into consideration the relative weight, age, size, and physical condition of two combatants terminating in a homicide, in determining whether the defendant was at the time in imminent danger of loss of his life or was exposed to great bodily harm, is erroneous as being argumentative and as giving undue prominence to certain facts. (p. 19.) HOMICIDE-Self-defense-Threats.-If the other elements of self-defense exist and the deceased has made threats against the defendant, which have been communicated to him, he has the right to act upon any overt act or hostile demonstration which may have led to the honest belief that he was in imminent peril, although such act or demonstration may not have amounted to a felonious assault. (p. 19.) Indictment and trial for murder by cutting with a knife. The defendant requested the court to give the following charges: "Charge 1: 'Gentlemen of the jury, I charge you that an assault with the hand or fist never justifies or excuses a homicide under ordinary circumstances, and it is for you to deAm. St. Rep., Vol. 117-2 (17) |