Ex Parte Weems

After being assaulted by a man with a knife, Jared Weems (defendant) fled and later returned to look for his lost keys at a nearby cafe, carrying a cocked and loaded pistol from his car out of fear the attacker might be inside. The attacker was not there, but Weems's gun accidentally discharged as he put it away, killing his friend Christine Wilson. The prosecution (plaintiff) did not dispute that the killing was accidental. Weems was convicted of murder, and the court of criminal appeals affirmed; the Supreme Court of Alabama granted certiorari.