CASES IN THE SUPREME COURT OF ALABAMA. GREEN v. STATE. [151 Ala. 14, 44 South. 194.] MAYHEM-What Constitutes.-To constitute mayhem, an injury to an ear must be such as disfigures to ordinary observation, as distinguished from a wounding which simply mars the member. (p. 18.) MAYHEM. Self-defense is available in justification of the crime of mayhem, providing the resistance is proportionate to the injury offered. (p. 18.) TRIAL EXAMINATION of Witnesses.-If an improper question to a witness is allowed by the court over objection, there is no prejudicial error if the answer is favorable to the objecting party. (p. 19.) MAYHEM-Self-defense-Faulty Instructions.-Instructions asserting that if the accused and the person injured were engaged in mortal strife, and the person injured was armed with a deadly weapon and the accused was unarmed, and that while so engaged the accused bit off only a small portion of such injured person's ear, the accused must be acquitted is erroneous as not including all the elements of self-defense. (p. 19.) MAYHEM-Self-defense.-Instructions that if the accused cut, bit, struck off, or mutilated the ear of the injured person while fighting with him in self-defense, and that, if the accused was free from fault in bringing on the difficulty, he is not guilty, is erroneous as omitting certain elements of self-defense. (p. 19.) CRIMINAL LAW-Malice.-An instruction that before the accused can be convicted the jury must be satisfied beyond a reasonable doubt that the act was done unlawfully, intentionally, and with malice aforethought, is erroneous in the use of the words "malice aforethought," as they are not necessarily synonymous with the word "maliciously" as used in the statute. (p. 19.) Indictment for mayhem charging that the accused unlawfully, maliciously and intentionally cut off, bit or struck off the ear of one McCalmon. The accused and the injured person engaged in a fight when no one was present. The accused knocked the injured person down and was on top of Am. St. Rep., Vol. 125-2 (17) |