11 So. 259 (Ala. 1892), Lewis v. State

Citation:11 So. 259, 96 Ala. 6
Opinion Judge:MCCLELLAN, J.
Party Name:LEWIS v. STATE.
Attorney:J. T Ellison, for appellant. Wm. L. Martin, Atty Gen., for the State.
Case Date:June 08, 1892
Court:Supreme Court of Alabama
 
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Page 259

11 So. 259 (Ala. 1892)

96 Ala. 6

LEWIS

v.

STATE.

Supreme Court of Alabama

June 8, 1892

Appeal from city court of Montgomery; THOMAS M. ARRINGTON, Judge.

Andrew Lewis was indicted for the murder of Henry Lovelace, and was convicted of manslaughter in the first degree, and appeals. Reversed.

The evidence for the state tended to show that defendant, who was in the employ of A. S. Lovelace, the father of the deceased, was riding up one of the streets in Montgomery in a wagon with the deceased and another boy; that defendant got out of the wagon to talk to someone, and told the other boy, Houston Johnson, to drive on, and he would catch up with him; that after the wagon had gone some distance defendant called to said Houston Johnston to stop, which he did; and that just as defendant was nearly up to the wagon Henry Lovelace snatched the lines from Houston Johnston, and drove on. Defendant tried to catch up with the wagon, and called to Henry to stop, and, upon his refusing to do so, he picked up a quarter of a brick, threw it at Henry Lovelace, and the brick struck the boy on the ear, from the effects of which he died in about a week afterwards. The state proved the flight of defendant, and his subsequent arrest. The testimony for defendant tended to show that upon Henry Lovelace driving off the wagon, as is stated above, he picked up a quarter of a brick, and pitched it at the wagon, and that defendant said he did not intend to hit Henry; and upon Henry getting out of the wagon, and walking home, he told Houston to drive on, that he would walk on with Henry, and said to Henry, "Hush, Henry, don't cry; I did not intend to hurt you;" and that defendant told Henry's mother, when asked by her what was the matter with the boy, that he had hit him with a brick, but that he did not intend to do so. The testimony further tended to show that, upon his being dismissed by the mother of the boy, he stayed with one Henry Gilmer, in Montgomery, until a few days after the boy's death; and when he heard that A. S. Lovelace, the boy's father, was hunting for him, he left, and went to Bullock county, and that when Lovelace came there after him he fled, and did not come back for some time. Defendant then asked one of the witnesses, who testified to Lovelace going after defendant, and as to defendant's flight, "if the defendant seemed afraid of Lovelace." This question was objected to by the solicitor, the court sustained the objection, and the defendant excepted. While defendant was on the stand as a witness in his own behalf, he was asked by his counsel the following question: "What was your intention when you pitched that piece of brick at the wagon?" The solicitor objected to the...

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